People v. Nichols

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]) and criminal possession of a weapon in the third degree (§ 265.02 [1]). We reject defendant’s contention that County Court erred in refusing to suppress a gun discovered by probation officers and a police officer during the search of defendant’s residence, as well as de*1123fendant’s subsequent statement to the police, on the ground that neither he nor his wife validly consented to the search of the house where they resided. Rather,…