NY2: Morning eviction led to trespassing claim in afternoon, and police entry was valid; no REP after eviction

All the occupants of an apartment were evicted in the morning. Stragglers didn’t vacate. The building manager reported trespassers to the police and they came and entered. They found eight guns in defendant’s possession. Because of the eviction, nobody had a reasonable expectation of privacy in the premises after the morning eviction. People v. McCullum, 2018 NYLJ LEXIS 316 (2d Dept. Feb. 7, 2018).

“Movant contends that counsel failed to challenge the methods used to obtain a search warrant, his detention based on a defective search warrant, and the search of his residence based on the defective warrant. He does not allege how the search warrant was defective or that it was obtained improperly. His conclusory allegations are insufficient to prove ineffective assistance of counsel.” Villarreal v. United States, 2017 U.S. Dist. LEXIS 216754 (N.D. Tex. Dec. 17, 2017).*

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