People v. John

I concur with my colleagues that the hearing court properly denied that branch of the defendant’s omnibus motion which was to suppress physical evidence, but only on constraint of this Court’s precedent in People v Velasquez (110 AD3d 835 [2013]). I write separately to express my view that the police should have obtained a search warrant prior to seizing and searching the gun box located in the common area of the subject building.

The Fourth Amendment to the United States Constitution, applicable to the states through the Fourteenth Amendment, provides: “The right of the people to be secure in…