PEOPLE v. GOMEZ


67 N.Y.2d 843 (1986)

The People of the State of New York, Respondent, v. Jamie Gomez, Also Known as Ronald Drost, Appellant.

Court of Appeals of the State of New York.

Decided March 25, 1986.


Attorney(s) appearing for the Case

Henry Winestine and Philip L. Weinstein for appellant.

Robert M. Morgenthau, District Attorney (James M. McGuire and Amyjane Rettew of counsel), for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant's suppression motion was supported by an affirmation of defense counsel which, on the issue of standing to challenge the warrantless search, referred only to an allegation in the felony complaint that the evidence was found "in defendant's apartment"; defendant alleged no present possessory interest in the apartment. Counsel's reference...

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