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People v. McMillian

Appellate Division of the Supreme Court of New York, First Department
Jun 5, 1997
240 A.D.2d 184 (N.Y. App. Div. 1997)

Opinion

June 5, 1997

Appeal from the Supreme Court, Bronx County (John Stackhouse, J.).


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 A.D.2d 433, affd 83 N.Y.2d 817; People v. Kelsey, 194 A.D.2d 248), in order to explain defendant's conduct and the absence of cash on her person ( see, People v. Applewhite, 202 A.D.2d 250, 251, lv denied 83 N.Y.2d 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 N.Y.2d 289).

Concur — Sullivan, J.P., Ellerin, Tom, Mazzarelli and Andrias, JJ.


Summaries of

People v. McMillian

Appellate Division of the Supreme Court of New York, First Department
Jun 5, 1997
240 A.D.2d 184 (N.Y. App. Div. 1997)
Case details for

People v. McMillian

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAWN McMILLIAN…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 5, 1997

Citations

240 A.D.2d 184 (N.Y. App. Div. 1997)
658 N.Y.S.2d 28

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