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PEOPLE v. TEJADA

183 A.D.2d 500 (1992)

The People of the State of New York, Respondent, v. Rawline Tejada, Appellant

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

May 14, 1992

Defendant was arrested and charged in connection with a warrantless search of an apartment in which police seized drugs, drug paraphernalia and a gun in plain view. Although defendant failed to allege any legitimate expectation of privacy in this apartment, we held in 1991 (171 A.D.2d 585) that summary denial of his suppression motion was error because the "room presumption" of Penal Law §...

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