People v. Condello

• Decision Date: 23 December 1994
• Citation: 621 N.Y.S.2d 262,210 A.D.2d 921
• Parties: PEOPLE of the State of New York, Respondent, v. Gary CONDELLO, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 262

621 N.Y.S.2d 262

210 A.D.2d 921

PEOPLE of the State of New York, Respondent, v. Gary CONDELLO, Appellant.

Supreme Court, Appellate Division, Fourth Department.

Dec. 23, 1994.

John Tyo, Shortsville, for appellant.

R. Michael Tantillo by Jeffrey Taylor, Canandaigua, for respondent.

Before GREEN, J.P., and BALIO, WESLEY, CALLAHAN and DOERR, JJ.

MEMORANDUM:

We reject the contention of defendant that County Court erred in failing to suppress the evidence obtained as a result of a warrantless search of his home and automobiles. The record of the suppression hearing supports the court's determination that no warrant was necessary because the police obtained the voluntary consent of a party who possessed the requisite authority or control over the premises or property that was the subject of the search (see, Schneckloth v. Bustamonte, 412 U.S. 218, 93 S.Ct. 2041, 36 L.Ed.2d 854; People v. Adams, 53 N.Y.2d 1, 8, 439 N.Y.S.2d 877, 422 N.E.2d 537, cert. denied 454 U.S. 854, 102 S.Ct. 301, 70 L.Ed.2d 148; People v. Cosme, 48 N.Y.2d 286, 290, 422 N.Y.S.2d 652, 397 N.E.2d 1319; People v. Johnson, 202 A.D.2d 966, 967, 609 N.Y.S.2d 500, lv. denied 84 N.Y.2d 827, 617 N.Y.S.2d 147, 641 N.E.2d 168).

There is no merit to the contention of defendant that the failure of the court to revoke his permit to carry a firearm at the time of his prior felony conviction bars this prosecution. There is an automatic revocation of a pistol permit when the licensee is convicted of a felony (Penal Law § 400.00[11]; Matter of Shapiro v. New York City Police Dept., 157 Misc.2d 28, 31, 595 N.Y.S.2d 864, affd. 201 A.D.2d 333, 607 N.Y.S.2d 320).

Judgment unanimously affirmed.