Opinion
323 4541/12.
02-25-2016
The PEOPLE of the State of New York, Respondent, v. James ANDREWS, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Elizabeth Isaacs of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Gina Mignola of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Elizabeth Isaacs of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Gina Mignola of counsel), for respondent.
Opinion
Judgment, Supreme Court, New York County (Thomas Farber, J.), rendered April 30, 2013, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree, criminally using drug paraphernalia in the second degree, and unlawful possession of an air rifle or pistol, and sentencing him, as a second violent felony offender, to an aggregate term of seven years, unanimously affirmed.
The court properly denied defendant's suppression motion. The record supports the court's conclusion that the parole officers were entitled to perform a warrantless search of defendant's apartment since their conduct was rationally and substantially related to the performance of their official duties (see People v. Huntley, 43 N.Y.2d 175, 401 N.Y.S.2d 31, 371 N.E.2d 794 1979 ). Although the parole officers were cooperating with the police, who were investigating robberies and had accompanied the parole officers during the search, the parole officers were not acting solely on behalf of the police (see e.g. People v. Lopez, 288 A.D.2d 70, 733 N.Y.S.2d 154 2001, lv. denied 97 N.Y.2d 706, 739 N.Y.S.2d 107, 765 N.E.2d 310 2002 ).
FRIEDMAN, J.P., SWEENY, SAXE, GISCHE, JJ., concur.