New York Court of Appeals

The People v. Ramon Cabrera

November 21, 2023

Summary

The Court held that Cabrera's constitutional challenges to New York's firearm-possession statute were unpreserved and could not be reviewed on appeal, including because the record was insufficient to assess them. It further held that Cabrera was in Miranda custody when officers handcuffed and questioned him without warnings, requiring suppression of his statements and vacatur of his guilty plea. The Court nevertheless upheld the voluntariness of his later written consent to search the vehicle and remitted the case for further proceedings.