PEOPLE v. WHITFIELD


81 N.Y.2d 904 (1993)

The People of the State of New York, Appellant, v. Leon Whitfield, Respondent.

Court of Appeals of the State of New York.

Decided April 1, 1993.


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney of New York County, New York City (Phyllis A. Monroe and Amyjane Rettew of counsel), for appellant.

Robert Rosenthal, New York City, and Robert S. Dunn for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA and SMITH concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed, the motion to suppress denied and the matter remitted to Supreme Court, New York County, for further proceedings on the indictment.

The hearing court erred in finding that defendant had standing to seek suppression of physical evidence seized at the time of arrest.

Defendant was charged with criminal possession of a controlled substance in...

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