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People v. McCullum

Court of Appeals of New York
Dec 17, 2019
2019 N.Y. Slip Op. 8977 (N.Y. 2019)

Opinion

No. 101

12-17-2019

The PEOPLE of the State of New York, Respondent, v. Ramee MCCULLUM, Appellant.

Paul Skip Laisure, Appellate Advocates, New York City (Benjamin S. Litman of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn (Solomon Neubort and Leonard Joblove of counsel), for respondent. Patterson Belknap Webb & Tyler LLP, New York City (Elizabeth Riordan Hurley, Gregory Diskant and Joshua Kipnees of counsel), for The Community Development Project of the Urban Justice Center and others, amici curiae.


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

Eric Gonzalez, District Attorney, Brooklyn (Solomon Neubort and Leonard Joblove of counsel), for respondent.

Patterson Belknap Webb & Tyler LLP, New York City (Elizabeth Riordan Hurley, Gregory Diskant and Joshua Kipnees of counsel), for The Community Development Project of the Urban Justice Center and others, amici curiae.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed. As defendant concedes, he failed to preserve the only argument that he now raises on appeal—namely, his standing to challenge the police search of his property on the ground that he retained a reasonable expectation of privacy as a bailor following the New York City Marshal's legal possession of the apartment where he resided. On the facts of this case, we reject defendant's contention that an exception to the preservation rule applies. Accordingly, no question of law is presented for our review (see CPL 470.05[2] ; People v. Wallace, 27 N.Y.3d 1037, 1038, 33 N.Y.S.3d 828, 53 N.E.3d 705 [2016] ).

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.

Order affirmed, in a memorandum.


Summaries of

People v. McCullum

Court of Appeals of New York
Dec 17, 2019
2019 N.Y. Slip Op. 8977 (N.Y. 2019)
Case details for

People v. McCullum

Case Details

Full title:The People & c., Respondent, v. Ramee McCullum, Appellant.

Court:Court of Appeals of New York

Date published: Dec 17, 2019

Citations

2019 N.Y. Slip Op. 8977 (N.Y. 2019)
114 N.Y.S.3d 773
138 N.E.3d 502
2019 N.Y. Slip Op. 8977

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