People v. McGill
Cases that cite this one
3 later published cases cite this decision.
- People v. Johnson (Appellate Division of the Supreme Court of New York 2019)
- People v. Olds (Appellate Division of the Supreme Court of New York 2005)
- People v. McGill (Appellate Division of the Supreme Court of New York 2004)
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
—Appeal by the
Ordered that the judgment is affirmed.
The Supreme Court properly denied those branches of the defendant’s omnibus motion which were to suppress identification testimony and statements he made to law enforcement officials. The defendant failed to establish that he had a reasonable expectation of privacy in the apartment where he was arrested and therefore lacked standing to challenge the warrantless entry into the premises (see, People v Wesley, 73 NY2d 351; People v Gill, 239 AD2d 519, 520; People v Perez, 185 AD2d 330). Moreover, even if the defendant had standing to challenge the police entry into the apartment, the arrest was valid under the exigent circumstances exception (see, People v Burr, 70 NY2d 354, cert denied 485 US 989; People v Conforti, 263 AD2d 513).
The Supreme Court providently exercised its discretion in imposing consecutive sentences. Based upon the evidence presented at trial, the jury could have reasonably inferred that the defendant possessed a gun with intent to use it unlawfully against another prior to and separate from the act which resulted in the conviction of manslaughter in the second degree (see, People v Fecunda, 226 AD2d 474; People v James, 221 AD2d 658; People v James, 211 AD2d 824; People v Mabry, 151 AD2d 507).
The defendant’s sentence was not excessive (see, People v Suitte, 90 AD2d 80). Ritter, J. P., Joy, Goldstein and H. Miller, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.