PEOPLE v. POLANCO


203 A.D.2d 942 (1994)

611 N.Y.S.2d 403

The People of the State of New York, Appellant, v. Luis Polanco, Respondent

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

April 15, 1994


Order unanimously affirmed and indictment dismissed.

Memorandum:

The People's sole argument on appeal is that Supreme Court erred in granting defendant's motion to suppress the evidence seized pursuant to a warrant from an apartment at 51 Fifteenth Street because defendant did not have a proprietary interest in the apartment and thus had no standing to challenge its search.

At oral argument the People conceded that they do not challenge the propriety...

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