People v. McMillian
Cases that cite this one
3 later published cases cite this decision.
- People v. Grajales (Appellate Division of the Supreme Court of New York 2002)
- People v. Collazo (Appellate Division of the Supreme Court of New York 1999)
- People v. Dwyer (Appellate Division of the Supreme Court of New York 1997)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Judgment, Supreme Court, Bronx County (John Stackhouse, J.), rendered July 20, 1992, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fifth degree, and sentencing her, as a second felony offender, to concurrent terms of 5 to 10 years, A1!2 to 9 years and 2 to 4 years, respectively, unanimously affirmed.
The trial court properly allowed the undercover officer’s limited background testimony concerning the various roles generally played by the participants in drug sales (see, People v Garcia, 196 AD2d 433, affd 83 NY2d 817; People v Kelsey, 194 AD2d 248), in order to explain defendant’s conduct and the absence of cash on her person (see, People v Applewhite, 202 AD2d 250, 251, lv denied 83 NY2d 868).
Defendant’s home address, although incriminating, qualified for the pedigree exception to Miranda requirements, since it was elicited through administrative questioning (People v Rodney, 85 NY2d 289). Concur—Sullivan, J. P., Ellerin, Tom, Mazzarelli and Andrias, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.