People v McCullum

People v McCullum 2019 NY Slip Op 08977 Decided on December 17, 2019 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 17, 2019
No. 101

[*1]The People & c., Respondent,

v

Ramee McCullum, Appellant.

Benjamin S. Litman, for appellant.

Solomon Neubort, for respondent.

The Community Development Project of the Urban Justice Center, et al., amici curiae.

MEMORANDUM:

The order of the Appellate Division should be affirmed. As defendant concedes, he failed to preserve the only argument that he now raises on appeal—namely, his standing to challenge the police search of his property on the ground that he retained a reasonable expectation of privacy as a bailor following the New York City Marshal's legal possession of the apartment where he resided. On the facts of this case, we reject defendant's contention that an exception to the preservation rule applies. Accordingly, no question of law is presented for our review (see CPL 470.05 [2]; People v Wallace, 27 NY3d 1037, 1038 [2016]).

Order affirmed, in a memorandum. Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.

Decided December 17, 2019