People v. Cisse, 228 A.D.3d 440

Defendant Siaka Cisse was convicted of attempted criminal possession of a weapon in the second degree after two separate incidents where guns were recovered.
In November 2021, police responded to a domestic dispute with a report of a gun and encountered the defendant, who fled, discarded a jacket, and a gun was found in the jacket.
In January 2022, after Cisse’s arrest for an unrelated offense, police found another gun during an inventory search of his vehicle.
Cisse sought to suppress both guns, arguing the police acted unlawfully in each incident.
The Supreme Court, New York County denied suppression, and Cisse entered a guilty plea and appealed, challenging both the suppression rulings and his waiver of the right to appeal.

Issue	People's Argument	Cisse's Argument	Held
Validity of Appeal Waiver	Waiver valid due to written and oral explanation	Waiver invalid; court failed to distinguish appeal vs. plea rights	Waiver invalid; record shows confusion about rights
Suppression—November 2021 gun	Police had reasonable suspicion, defendant abandoned jacket	Stop and pursuit not justified; clothing description mismatch	Suppression denial upheld; reasonable suspicion existed
Suppression—January 2022 gun	Inventory search by procedure, intent not pretextual	Inventory search pretextual, meant only to find contraband	Suppression denial upheld; search was valid
Challenge to NY gun licensing under Bruen	No standing; conviction constitutional	Law unconstitutional under Bruen	No standing; conviction upheld

People v Ellis, 194 AD3d 428 (court must make clear appellate rights are distinct from plea rights)
People v Bisono, 36 NY3d 1013 (waiver of appeal not absolute bar to appeal)
People v Parker, 32 NY3d 49 (flight + reasonable suspicion justified police pursuit)
People v Boodle, 47 NY2d 398 (abandonment doctrine in suppressing evidence)
People v Lee, 29 NY3d 1119 (requirements for valid inventory searches)
People v Padilla, 21 NY3d 268 (legitimacy of inventory search procedures)