People v. Jeffrey Mercado


AD1 order dated August 28, 2014, affirming judgment of conviction.  Decision below: 120 AD3d 441, 992 NYS2d 12.  Acosta (AD dissenter), J., granted leave October 16, 2014.  (SSM.)


ISSUES PRESENTED:  (1) Whether a person’s being nervous when subjected to a traffic stop provides the necessary DeBour level-two predicate to ask for consent to search the trunk of the car. (2) Whether there was no support in the record for the Appellate Division’s determination that the People met their heavy burden of showing that appellant’s consent to search the trunk was voluntary notwithstanding the officer’s statement to the agitated defendant that “he wasn’t necessarily going back to jail.” (Assigned counsel: Claudia Flores & Robert S. Dean, Center for Appellate Litigation, 120 Wall Street, 28th Floor, NYC 10005.)