Court of Appeals Leave Grants
Concurring Justice Grants Leave in Gun Possession Case
In August 2014, the Appellate Division affirmed Mr. John’s conviction of second-degree criminal possession of a weapon and second-degree menacing. The court found that police lawfully opened and seized a gun box from a shared basement under the “plain view” doctrine even though the police did not have a warrant.
While Justice Hall concurred in the result, she inidcated that she did so only because she was constrained by a prior decision of the court, People v. Velasquez, 110 A.D.3d 835 (2d Dept. 2013). She reasoned that absent any emergency, threat to public safety or other exigent circumstances police should have obtained a search warrant prior to seizing and searching the box.
Yesterday, Justice Hall granted leave to the Court of Appeals.
Dina Zloczower briefed and argued the case in the Appellate Division and will continue to represent Mr. John before the Court of Appeals.