People v. McCall
| Decision Date | 04 November 2008 |
| Citation | 11 N.Y.3d 856,900 N.E.2d 562 |
| Parties | PEOPLE v. McCALL. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from the 2d Dept.: 51 A.D.3d 822, 860 N.Y.S.2d 539 (Rockland).
Application for leave to appeal Denied. (Ciparick, J.).
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4 cases
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People v. Holmes
... ... We note at the outset that, " [b]ecause defendant has the burden to allege facts sufficient to warrant suppression, the People are not precluded from raising the issue of standing for the first time on appeal" ( People v. Hooper, 245 A.D.2d 1020, 1021, 667 N.Y.S.2d 575; see People v. McCall, 51 A.D.3d 822, 860 N.Y.S.2d 539, lv. denied 11 N.Y.3d 856, 872 N.Y.S.2d 79, 900 N.E.2d 562). The People contest the standing of defendant to challenge the search of the duffel bag only, thereby conceding that he had a legitimate expectation of privacy in the bedroom ( see generally People v ... ...
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People v. Shire
... ... It is, however, "defendant's burden to establish, in the first instance, standing to challenge the search warrant" ( People v. McCall, 51 A.D.3d 822, 822, 860 N.Y.S.2d 539, lv. denied 11 N.Y.3d 856, 872 N.Y.S.2d 79, 900 N.E.2d 562). Inasmuch as defendant failed to demonstrate any legitimate expectation of privacy in the apartment, he has no standing77 A.D.3d 1360to challenge the search of the apartment ( see People v. Ortiz, 83 ... ...
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People v. Hunter
... ... McCall, 51 A.D.3d 822, 822, 860 N.Y.S.2d 539 [2d Dept.2008], lv. denied 11 N.Y.3d 856, 872 N.Y.S.2d 79, 900 N.E.2d 562 [2008]; People v. Hooper, 245 A.D.2d 1020, 1021, 667 N.Y.S.2d 575 [4th Dept.1997]; People v. Banks, 202 A.D.2d 902, 904, 609 N.Y.S.2d 420 [3d Dept.1994], rev'd on other grounds 85 N.Y.2d ... ...
- People v. Morgan