PEOPLE v. McMILLAN

No. 48.

29 N.Y.3d 145 (2017)

75 N.E.3d 1151

53 N.Y.S.3d 590

2017 NY Slip Op 03446

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EVERETT B. McMILLAN, Appellant.

Court of Appeals of New York.

Decided May 2, 2017.


Attorney(s) appearing for the Case

Lynn W.L. Fahey , Appellate Advocates, New York City ( A. Alexander Donn of counsel), and Everett B. McMillan, pro se, for appellant.

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

Chief Judge DIFIORE and Judges RIVERA, FAHEY, GARCIA and WILSON concur.


OPINION OF THE COURT

Defendant was convicted, following a jury trial, of criminal possession of a weapon in the second and third degrees, and unlawful possession of marihuana. Prior to trial, defendant moved to suppress a firearm recovered from his vehicle. At the ensuing hearing...

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