People v. McMillian

Appellate Division of the Supreme Court of New York

People v. McMillian

240 A.D.2d 184, 658 N.Y.S.2d 28, 1997 N.Y. App. Div. LEXIS 5964

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 5, 1997

StatusPublished

Cited by3 cases

This text of 240 A.D.2d 184 (People v. McMillian) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. McMillian, 240 A.D.2d 184, 658 N.Y.S.2d 28, 1997 N.Y. App. Div. LEXIS 5964 (N.Y. Ct. App. 1997).

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Opinion

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.

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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.

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Bluebook (online)

240 A.D.2d 184, 658 N.Y.S.2d 28, 1997 N.Y. App. Div. LEXIS 5964, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcmillian-nyappdiv-1997.

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