People v. Everett B. McMillan


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.)