People v. Kemp, 273 A.D.2d 806 (N.Y. App. Div. 4th Dep't 2000). · Go Syfert
People v. Kemp, 273 A.D.2d 806 (N.Y. App. Div. 4th Dep't 2000). Cases Citing This Book View Copy Cite
7 citation events (5 in the last 25 years) across 2 distinct courts.
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At page 806 cited at this page1 citing case
  • People v. Perez, 37 Misc. 3d 734 (N.Y. Sup. Ct. 2012).published
    In New York, an overnight guest may have a legitimate expectation of privacy in premises that are not his own (People v Ortiz, 83 NY2d 840, 842 [1994]; People v Kemp, 273 AD2d 806, 806 [4th Dept 2000]; People v Williams, 181 AD2d 474, 475…
At page 807 cited at this page1 citing case
  • People v. Holifield, 27 A.D.3d 1163 (N.Y. App. Div. 4th Dep't 2006).published
    We cannot conclude that the jury failed to give the evidence the weight it should be accorded (see generally People v Bleakley, 69 NY2d 490, 495 [1987]; Lynch, 273 AD2d at 807; Giomundo, 209 AD2d at 953 ).
The People of the State of New York
v.
Vincent Kemp
Appellate Division of the Supreme Court of the State of New York.
Jun 16, 2000.
Published opinion
273 A.D.2d 806
2000 N.Y. App. Div. LEXIS 6830
Cited by 5 opinions  |  Published

Judgment unanimously affirmed. Memorandum: Defendant was convicted of criminal possession of a weapon in the third degree (Penal Law § 265.02) and two counts of criminal possession of a weapon in the fourth degree (Penal Law § 265.01), stemming from two incidents taking place at his girlfriend’s house on January 30, 1998, and February 18, 1998, and aggravated harassment in the second degree (Penal Law § 240.30), stemming from alleged death threats by defendant against five people on or about February 24, 1998.

Defendant contends that County Court erred in ruling that he lacked standing to challenge the seizure of weapons from his girlfriend’s house. Even assuming that defendant had standing based on an expectation of privacy in the premises owned by his girlfriend (see, People v Ortiz, 83 NY2d 840, 842), we conclude that the voluntary consent of defendant’s girlfriend to a search of the premises and removal of the guns rendered the warrantless search valid (see, People v Williams, 267 AD2d 772, lv denied 94 NY2d 886; People v Cooper, 258 AD2d 891, lv denied 93 NY2d 968). We further reject the contention of defendant that the exemption set forth in Penal Law § 265.20 (a) (5) applies to him; defendant has never been issued a certificate of good conduct pursuant to Correction Law § 703-b. Because there was legally sufficient evidence at trial to support defendant’s conviction under count one of the indictment, we do not address defendant’s contention that count one was not supported by legally sufficient evidence before the Grand Jury (see, CPL 210.30 [6]). The record establishes that defendant received meaningful representation (see, People v Benevento, 91 NY2d 708, 712-713). We have examined defendant’s remaining contentions and conclude that they are lacking in merit. (Appeal from Judgment of Erie County Court, Drury, J. — Criminal Possession Weapon, 3rd Degree.) Present — Pigott, Jr., P. J., Hayes, Wisner and Kehoe, JJ.