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PEOPLE v. RODRIGUEZ

152 Misc.2d 512 (1991)

The People of the State of New York, Plaintiff, v. Samuel Rodriguez, Defendant.

Supreme Court, Queens County.

November 1, 1991

Attorney(s) appearing for the Case

Hancock & Waldorf (Frank Hancock of counsel), for defendant. Richard A. Brown, District Attorney (Kenneth Appelbaum of counsel), for plaintiff.

STEVEN W. FISHER, J.

This motion to suppress physical evidence presents two unusual issues, both involving a criminal defendant's standing to challenge a search and seizure. The first is whether standing derived solely from the prosecution's reliance upon a statutory presumption (see, People v Millan, 69 N.Y.2d 514) confers a right to seek suppression of additional...

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