PEOPLE v. GITTENS


110 A.D.2d 908 (1985)

The People of the State of New York, Respondent, v. Maurice Gittens, Appellant

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

April 29, 1985


Judgment affirmed.

Criminal Term erred in denying defendant's motion to suppress for lack of standing. Because his possession is wrongful, a thief driving a stolen car lacks standing to challenge a search of the vehicle. Nonetheless, the wrongful possession does not vitiate standing that the thief otherwise has. Accordingly, he is still entitled to challenge unlawful interference with his person and thus may challenge a search of the car as the fruit of an illegal...

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