People v. Everett B. McMillan

Decided On : 5/2/2017
AD2 order dated July 1, 2015 affirming judgment of conviction.  Decision below: 130 AD3d 651, 12 NYS3d 301.  Stein, J., granted leave December 2, 2015.
ISSUES PRESENTED: (1) Search & Seizure: After defendant was arrested inside a building on a parole warrant, whether the police properly searched his car based upon a tip received earlier in the day about a gun in the car; the defendant had signed an agreement when released on parole that any of his property could be searched.  (2) Reverse-Batson: whether the trial court properly determined that defense counsel’s reason for his peremptory strike, that he had no information about the juror, was non-race-neutral and, if it was race-neutral, that it was pretextual.  (Assigned counsel: Alex Donn & Lynn W.L. Fahey, Appellate Advocates, 111 John St., 9th Floor, NYC  10038.)

Related Information:
People v McMillan