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PEOPLE v. McCULLUM

2013-04408. Ind. No. 1401/12.

159 A.D.3d 8 (2018)

70 N.Y.S.3d 222

2018 NY Slip Op 00570

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAMEE McCULLUM, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided January 31, 2018.

Attorney(s) appearing for the Case

Paul Skip Laisure , New York City ( Benjamin S. Litman , of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn ( Leonard Joblove , Sholom J. Twersky , and Rebecca L. Visgaitis , of counsel), for respondent.

LEVENTHAL, J.P., HINDS-RADIX and CONNOLLY, JJ., concur.

OPINION OF THE COURT

This appeal raises an issue of first impression: whether an occupant of a leasehold, after a warrant of eviction has been issued, retains the protections of the Fourth Amendment to the United States Constitution when a New York City Marshal tenders "legal possession...

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