PEOPLE v. JONES


125 Misc.2d 91 (1984)

The People of the State of New York, Plaintiff, v. Derek Jones, William Talbert and William Best, Defendants.

Supreme Court, Trial Term, New York County.

July 2, 1984


Attorney(s) appearing for the Case

Ira Levitas for Derek Jones, defendant. David Cooper for William Talbert, defendant. Caesar Cirigliano and Christopher South for William Best, defendant. Robert M. Morgenthau, District Attorney (Mario Di Natale of counsel), for plaintiff.


STANLEY L. SKLAR, J.

The principal issue presented in this case is: Can a defendant, who ordinarily, as a mere passenger, lacks standing to contest the validity of a search of a car, seek suppression of guns recovered in a search which followed an arbitrary stop of the car by the police, based on less than reasonable suspicion?

I hold that he can; accordingly, suppression is granted as to all of the defendants.

FACTS

Derek Jones...

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