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PEOPLE v. WESLEY

73 N.Y.2d 351 (1989)

The People of the State of New York, Appellant, v. Sammie Lee Wesley, Respondent.

Court of Appeals of the State of New York.

Decided April 4, 1989.

Attorney(s) appearing for the Case

Howard R. Relin, District Attorney (Elizabeth Clifford of counsel), for appellant.

Gary Muldoon for respondent.

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER and BELLACOSA concur with Judge KAYE; Judge HANCOCK, JR., dissents and votes to affirm in a separate opinion in which Judge TITONE concurs.

KAYE, J.

The central issue to be decided on this appeal is whether defendant has standing to challenge a search that results in the discovery of contraband, based solely on his alleged constructive possession of that contraband. Consonant with State law since People v Ponder (54 N.Y.2d 160) abrogating "automatic standing," we conclude that defendant failed to establish...

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