PEOPLE v. MOSS


168 A.D.2d 960 (1990)

The People of the State of New York, Respondent, v. James Moss, Appellant

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

December 21, 1990


Judgment unanimously reversed on the law, motion to suppress granted and new trial granted.

Memorandum:

The suppression court erred in concluding that defendant lacked standing to challenge the search of the apartment leased by Rhonda Watts. Evidence presented at the suppression hearing established that, prior to the date of the search, defendant had lived in the apartment with Watts and their four children for at least six months. Although Watts testified...

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