People v. Jenkins, 2008-01090.
| Decision Date | 13 October 2009 |
| Docket Number | 2008-01090. |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FREDRICK JENKINS, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the judgment is affirmed.
The defendant did not establish standing to contest the police search of his cigarette butts which he discarded in the police precinct and from which his DNA was extracted (see People v Ramirez-Portoreal, 88 NY2d 99, 108 [1996]). The defendant failed to demonstrate a legitimate expectation of privacy in the cigarette butts.
In any event, the People met their burden of demonstrating that the defendant abandoned the cigarette butts by voluntarily and intentionally discarding those items, an act constituting a waiver of any legitimate expectation of privacy (id. at 110).
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People v. Anderson
...88 N.Y.2d 99, 110, 643 N.Y.S.2d 502, 666 N.E.2d 207; People v. Caba, 78 A.D.3d 857, 858, 910 N.Y.S.2d 373; People v. Jenkins, 66 A.D.3d 800, 886 N.Y.S.2d 348; People v. Amuso, 44 A.D.3d 781, 783, 843 N.Y.S.2d 395; cf. People v. Howard, 50 N.Y.2d 583, 593, 430 N.Y.S.2d 578, 408 N.E.2d 908, c......
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People v. Pointer
...Court found, defendant lacked standing given that he had no legitimate expectation of privacy over the cup (see People v. Jenkins, 66 A.D.3d 800, 800, 886 N.Y.S.2d 348 [2009], lv denied 15 N.Y.3d 806, 908 N.Y.S.2d 166, 934 N.E.2d 900 [2010] ; People v. Sterling, 57 A.D.3d 1110, 1111–1112, 8......
- People v. Jenkins
- People v. Monroy, 2008-09952.