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People v. Gilmore

Supreme Court, Appellate Division, Second Department, New York.
May 20, 2020
183 A.D.3d 838 (N.Y. App. Div. 2020)

Opinion

2017-07226, 2017-07227 Ind. Nos. 5829/16, 8063/16

05-20-2020

The PEOPLE, etc., Respondent, v. David GILMORE, Appellant.

Janet E. Sabel, New York, N.Y. (Whitney Elliott of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Thomas M. Ross, and Andrew Ayala of counsel), for respondent.


Janet E. Sabel, New York, N.Y. (Whitney Elliott of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Thomas M. Ross, and Andrew Ayala of counsel), for respondent.

ALAN D. SCHEINKMAN, P.J., LEONARD B. AUSTIN, SYLVIA O. HINDS–RADIX, PAUL WOOTEN, JJ.

DECISION & ORDER

ORDERED that the judgments are affirmed.

We agree with the Supreme Court's determination to deny that branch of the defendant's omnibus motion which was to suppress physical evidence without conducting a hearing (see CPL 710.60[3][a] ). The defendant failed to allege facts that, if true, establish that he had standing to challenge the warrantless entry and subsequent search of the subject apartment (see People v. Burton , 6 N.Y.3d 584, 587, 815 N.Y.S.2d 7, 848 N.E.2d 454 ). The defendant's allegations failed to show any connection to the listed residents or any other indicia of a legitimate or recognizable connection to the apartment (see People v. Rodriguez , 69 N.Y.2d 159, 164–165, 513 N.Y.S.2d 75, 505 N.E.2d 586 ; People v. Melendez , 160 A.D.2d 739, 553 N.Y.S.2d 808 ; see also People v. Stanley , 50 A.D.3d 1066, 1067, 856 N.Y.S.2d 221 ).

Contrary to the defendant's contention, the sentences imposed were not excessive (see People v. Suitte , 90 A.D.2d 80, 455 N.Y.S.2d 675 ).

SCHEINKMAN, P.J., AUSTIN, HINDS–RADIX and WOOTEN, JJ., concur.


Summaries of

People v. Gilmore

Supreme Court, Appellate Division, Second Department, New York.
May 20, 2020
183 A.D.3d 838 (N.Y. App. Div. 2020)
Case details for

People v. Gilmore

Case Details

Full title:The PEOPLE, etc., Respondent, v. David GILMORE, Appellant.

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: May 20, 2020

Citations

183 A.D.3d 838 (N.Y. App. Div. 2020)
122 N.Y.S.3d 538

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