People v. Davis
| Citation | 957 N.Y.S.2d 803,2012 N.Y. Slip Op. 09259,101 A.D.3d 1778 |
| Parties | The PEOPLE of The State of New York, Respondent, v. Dashawn DAVIS, Defendant–Appellant. |
| Decision Date | 28 December 2012 |
| Court | New York Supreme Court Appellate Division |
101 A.D.3d 1778
957 N.Y.S.2d 803
2012 N.Y. Slip Op. 09259
The PEOPLE of The State of New York, Respondent,
v.
Dashawn DAVIS, Defendant–Appellant.
Supreme Court, Appellate Division, Fourth Department, New York.
Dec. 28, 2012.
[957 N.Y.S.2d 804]
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Robert L. Kemp of Counsel), for Defendant–Appellant.
Frank A. Sedita, III, District Attorney, Buffalo (Rene Juarez of Counsel), for Respondent.
PRESENT: SCUDDER, P.J., SMITH, FAHEY, CARNI, AND MARTOCHE, JJ.
MEMORANDUM:
[101 A.D.3d 1778]Defendant appeals from a judgment convicting [101 A.D.3d 1779]him upon a nonjury verdict of, inter alia, criminal possession of a controlled substance (CPCS) in the third degree (Penal Law § 220.16[12] ), CPCS in the fourth degree (§ 220.09[1] ), CPCS in the seventh degree (§ 220.03), criminal possession of a weapon in the second degree (§ 265.03[3] ), criminally using drug paraphernalia in the second degree (§ 220.50[3] ), criminal possession of marihuana in the fourth degree (§ 221.15), and unlawful possession of marihuana (§ 221.05). We reject defendant's contention that Supreme Court erred in refusing to suppress evidence that was seized from his apartment by parole officers and provided to police officers. It is well settled that a “parole officer may conduct a war [r]antless search where ‘the conduct of the parole officer was rationally and reasonably related to the performance of the parole officer's duty’ ” ( People v. Nappi, 83 A.D.3d 1592, 1593, 922 N.Y.S.2d 669,lv. denied17 N.Y.3d 820, 929 N.Y.S.2d 808, 954 N.E.2d 99, quoting People v. Huntley, 43 N.Y.2d 175, 181, 401 N.Y.S.2d 31, 371 N.E.2d 794;see People v. Scott, 93 A.D.3d 1193, 1194, 940 N.Y.S.2d 411,lv. denied19 N.Y.3d 967, 950 N.Y.S.2d 119, 973 N.E.2d 217,reconsideration denied19 N.Y.3d 1001, 951 N.Y.S.2d 477, 975 N.E.2d 923). On the date of defendant's arrest, he was a parolee. Defendant was arrested for possessing cocaine and marihuana that the police found on his person during a lawful traffic stop and pat down. The police officers contacted the Division of Parole to inform it of defendant's parole violation. Parole officers decided to search defendant's apartment, and they requested the help of police officers and a canine unit. Based on the evidence presented at the
suppression hearing, we cannot conclude that the court “erred, as a matter of law, in concluding that the search of the defendant's apartment by [the] parole officer[s], with...
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