Majority
p. 921The People of the State of New York, Respondent, v Gary Condello, Appellant. [621 NYS2d 262]
—Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that County Court erred in failing to suppress the
p. 922
evidence obtained as a result of a warrantless search of his home and automobiles. The record of the suppression hearing supports the court’s determination that no warrant was necessaiy because the police obtained the voluntary consent of a party who possessed the requisite authority or control over the premises or property that was the subject of the search (see, Schneckloth v Bustamonte, 412 US 218 ; People v Adams, 53 NY2d 1 , 8, cert denied 454 US 854 ; People v Cosme, 48 NY2d 286 , 290; People v Johnson, 202 AD2d 966 , 967, lv denied 84 NY2d 827 ).
There is no merit to the contention of defendant that the failure of the court to revoke his permit to carry a firearm at the time of his prior felony conviction bars this prosecution. There is an automatic revocation of a pistol permit when the licensee is convicted of a felony (Penal Law § 400.00 [11]; Matter of Shapiro v New York City Police Dept., 157 Misc 2d 28 , 31, affd 201 AD2d 333 ). (Appeal from Judgment of Ontario County Court, Harvey, J.—Criminal Possession Weapon, 3rd Degree.) Present—Green, J. P., Balio, Wesley, Callahan and Doerr, JJ.
Cases cited
- Schneckloth v. Bustamonte 412 US 218 p. 922
- People v. Adams 53 NY2d 1 at 8 p. 922
- People v. Cosme 48 NY2d 286 at 290 p. 922
- Shapiro v. New York City Police Department 157 Misc 2d 28 at 31 p. 922