PEOPLE v. WADDY


63 A.D.2d 492 (1978)

The People of the State of New York, Respondent, v. Robert Waddy, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 31, 1978


Attorney(s) appearing for the Case

McCarthy & Dorfman (David W. McCarthy of counsel), for appellant.

John J. Santucci, District Attorney (Aley Z. Alexander of counsel), for respondent.

TITONE, J. P., and SUOZZI, J., concur; HAWKINS, J., concurs in the result on constraint of the decision in People v Ranton ().


MARGETT, J.

On this appeal from a judgment convicting defendant of attempted criminal possession of a weapon in the third degree, two issues are raised. The first, whether defendant has standing to challenge the seizure of physical evidence taken from a codefendant, brings into focus the doctrine of "automatic standing" — is the doctrine still viable and, if so, does it apply to the facts of this case...

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