PEOPLE v. ELEBY


97 A.D.2d 798 (1983)

The People of the State of New York, Respondent, v. Vincent Eleby, Appellant

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

November 14, 1983


Judgment affirmed.

On this appeal defendant contends that (1) the search of his brother's apartment, after he and a codefendant were taken into custody, was invalid due to the absence of a warrant and (2) the fruits of that search must be suppressed. We disagree. At the suppression hearing defendant failed to demonstrate a legitimate expectation of privacy in his brother's apartment. Thus, he lacks standing to challenge the warrantless search of that apartment. (See...

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