People v Smith

Holding The court affirmed the defendant’s convictions for attempted murder and robbery, finding the evidence sufficient in weight and rejecting the suppression of GPS ankle monitor data due to the parolee’s reduced expectation of privacy. However, the court vacated the conviction for attempted murder in the second degree as an inclusory concurrent count of the first-degree charge.

The court’s words

a parolee does not surrender his or her constitutional rights against unreasonable searches and seizures merely by virtue of being on parole

2026 NY Slip Op 06356, at the official text

defendant's challenge[ ] to the sufficiency of the evidence presented . . . to the grand jury [is] precluded by our determination that the convictions were not against the weight of the evidence

2026 NY Slip Op 06356, at the official text

count 2 is dismissed and the sentence imposed with regard to that count only is vacated

2026 NY Slip Op 06356, at the official text