People v. McNiell

Summary

The Appellate Division, First Department, unanimously affirmed a Bronx County judgment convicting Devon McNiell of attempted criminal possession of a controlled substance in the seventh degree and sentencing him to one year of probation. The court held, based on its in camera review of sealed materials, that probable cause supported the search warrant and declined to revisit its prior denial of the motion to unseal those materials.

Holdings

1. The sealed materials, as reviewed in camera, established probable cause for issuance of the search warrant.
2. The court declined to revisit its prior order denying defendant's motion to unseal the sealed materials.

Questions Presented

1. Whether the sealed materials established probable cause for issuance of the search warrant.
2. Whether the Appellate Division should revisit its prior order denying defendant's motion to unseal the sealed search-warrant materials.

Disposition

affirmed