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PEOPLE v. CHISHOLM

No. 133.

21 N.Y.3d 990 (2013)

995 N.E.2d 164

972 N.Y.S.2d 202

2013 NY Slip Op 4841

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEREK CHISHOLM, Appellant.

Court of Appeals of New York.

Decided June 27, 2013.

Attorney(s) appearing for the Case

Lynn W.L. Fahey , Appellate Advocates, New York City ( Allegra Glashausser of counsel), for appellant.

Richard A. Brown , District Attorney, Kew Gardens ( Donna Aldea , Robert J. Masters , John M. Castellano and Josette Simmons McGhee of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, PIGOTT, RIVERA and ABDUS-SALAAM concur; Judge SMITH dissents and votes to affirm in an opinion.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be modified by remitting to Supreme Court for further proceedings in accordance with this memorandum and, as so modified, affirmed.

Defendant was convicted of multiple drug and weapon possession charges after a search of his home revealed marijuana and two firearms. Before trial, defendant moved to suppress the evidence and to controvert the search warrant, which was based...

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