By: Daily Record Staff//November 17, 2023
By: Daily Record Staff//November 17, 2023//
New York State Supreme Court, Appellate Division, Fourth Judicial Department
Authorized parole officers
Appealed from Erie County Court
Background: The defendant appealed from his conviction of criminal possession of a weapon. He argues that the weapon discovered in his bedroom ought to have been suppressed as it was found in his bedroom during a warrantless search and that the search was unlawful as it was not authorized or performed by his parole officer.
Ruling: The Appellate Division affirmed. The court noted that a parole officer obtained information from a social media post created by the defendant. The post depicted the defendant holding a weapon. The parole officer attempted to contact the defendant’s parole officer, but he was not on duty. Thus, his supervisor authorized him to conduct the search with other parole officers.
John J. Morrissey, of Legal Aid Bureau of Buffalo, for the defendant-appellant; Ja’Quon Snell, pro se; Mindy F. Vanleuvan, of the district attorney’s office, for the respondent.