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PEOPLE v. OCAMPO

129 Misc.2d 217 (1985)

The People of the State of New York, Plaintiff, v. Ines Ocampo, Defendant. The People of the State of New York, Plaintiff, v. Juan Lopez and Francisco Guzman, Defendants. The People of the State of New York, Plaintiff, v. Eddie Johnson and Herbert McDonald, Defendants.

Supreme Court, New York County.

July 23, 1985

Attorney(s) appearing for the Case

Lawrence H. Schoenbach for Ines Ocampo, defendant. George H. Parker for Juan Lopez, defendant. Zachary Flax for Francisco Guzman, defendant. Christopher Guardo for Eddie Johnson, defendant. Caesar Cirigliano and Lawrence Kravitz for Herbert McDonald, defendant. Sterling Johnson, Special Prosecutor (James Warwick and Martin Wexler of counsel), and Robert M. Morgenthau, District Attorney (June Castle of counsel), for plaintiff.

CAROL BERKMAN, J.

There must be a nexus between the violation of a defendant's constitutional rights and the seizure of evidence before he has standing to move to suppress it. The mere fact that each defendant in five cases at bar was riding in a vehicle which was stopped does not alone create that nexus, even assuming that the stops were without basis and accordingly violated their personal constitutional...

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