PEOPLE v. GONZALEZ


31 N.Y.2d 787 (1972)

The People of the State of New York, Respondent, v. Jose Gonzalez, Appellant.

Court of Appeals of the State of New York.

Decided November 3, 1972.


Attorney(s) appearing for the Case

Leslie Trager for appellant.

Burton B. Roberts, District Attorney (Dwight D. Darcy of counsel), for respondent.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.


Order affirmed in the following memorandum: Contrary to the argument advanced by the People, it is of absolutely no consequence that appellant, absent from his apartment when the search was made, failed to claim a proprietary interest in the premises at the hearing on his motion to suppress. Charged with possessory crimes, standing was conferred on him on the simple showing that the People sought to use the contraband evidence against him (Jones v. United States, ...

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