Opinion
06-21-2016
The PEOPLE of the State of New York, Respondent, v. Harold JONES, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Antoine Morris of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Kelly L. Smith of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Antoine Morris of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Kelly L. Smith of counsel), for respondent.
Judgments, Supreme Court, New York County (Richard D. Carruthers, J.), rendered October 1, 2014, convicting defendant, upon his pleas of guilty, of criminal possession of a weapon in the second degree and criminal possession of a controlled substance in the third degree, and sentencing him to an aggregate term of 3 ½ years, unanimously affirmed.
The court properly denied defendant's suppression motion. A warrant to search defendant's apartment, identified by address and apartment number, was sufficiently specific to authorize a search of the apartment's bathroom, notwithstanding that it was located across the hall from the apartment's main door. Defendant had a key to the bathroom at issue, to the exclusion of others, and his apartment had no other bathroom. Thus, the bathroom was part of the apartment for all relevant purposes, or was at least appurtenant to it (see People v. Brito, 11 A.D.3d 933, 935, 782 N.Y.S.2d 889 [4th Dept.2004], appeal dismissed 5 N.Y.3d 825, 804 N.Y.S.2d 39, 837 N.E.2d 738 [2005] ; see also United States v. Fagan, 577 F.3d 10 [1st Cir.2009], cert. denied 559 U.S. 958, 130 S.Ct. 1556, 176 L.Ed.2d 144 [2010] ). Accordingly, the search of the bathroom did not exceed the scope of the warrant.
We perceive no basis for reducing the three-year term of postrelease supervision.
MAZZARELLI, J.P., ANDRIAS, SAXE, GISCHE, KAHN, JJ., concur.