PEOPLE v. PONDER


54 N.Y.2d 160 (1981)

The People of the State of New York, Respondent, v. Wade Ponder, Appellant.

Court of Appeals of the State of New York.

Decided November 19, 1981.


Attorney(s) appearing for the Case

Alfred P. Kremer for appellant.

Donald O. Chesworth, Jr., District Attorney (Melvin Bressler of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and MEYER concur.


WACHTLER, J.

The question presented on this appeal is whether the "automatic standing" rule in search and seizure cases should be retained as the law in this State. That rule relieves a defendant charged with a possessory offense of the burden of establishing that he has an interest in the premises searched or the property seized in order to have standing to challenge the search or seizure. We agree with the...

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