| People v Maynard |
| 2009 NY Slip Op 08333 [67 AD3d 1391] |
| November 13, 2009 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v FloydM. Maynard, Appellant. |
—[*1] Frank A. Sedita, III, District Attorney, Buffalo (Rachel E. Pilkington of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Erie County (Russell P. Buscaglia, A.J.),rendered June 12, 2008. The judgment convicted defendant, upon his plea of guilty, of criminalpossession of a controlled substance in the second degree, criminal possession of a controlledsubstance in the third degree and criminally using drug paraphernalia in the second degree (twocounts).
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty of, interalia, criminal possession of a controlled substance in the second degree (Penal Law §220.18 [1]), defendant contends that Supreme Court erred in refusing to suppress evidence seizedfrom his residence during a search conducted by his parole officer. We reject that contention.Defendant was on parole at the time of the search, having been released from the drug treatmentprogram in which he participated following his conviction of attempted criminal possession of acontrolled substance in the fifth degree. The search was initiated by the parole officer based uponhis observation that defendant was living beyond his means and his belief that defendanttherefore may have been selling drugs. We thus conclude that the search was "rationally andreasonably related to the performance of the parole officer's duty" (People v Huntley, 43NY2d 175, 181 [1977]; see People vJohnson, 49 AD3d 1244 [2008], lv denied 10 NY3d 865 [2008]).Present—Hurlbutt, J.P., Centra, Fahey, Peradotto and Gorski, JJ.