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PEOPLE v. ORTIZ

83 N.Y.2d 840 (1994)

633 N.E.2d 1104

611 N.Y.S.2d 500

The People of the State of New York, Respondent, v. Victor Ortiz, Appellant.

Court of Appeals of the State of New York.

Decided March 30, 1994.

Attorney(s) appearing for the Case

Steven J. Miraglia, New York City, and Philip L. Weinstein for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Susan H. Odessky and Mark Dwyer of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, BELLACOSA, LEVINE and CIPARICK concur; Judge SMITH dissents and votes to reverse in an opinion; Judge TITONE taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

The defendant was found guilty, after a jury trial, of criminal possession of a controlled substance in the third degree and was thereafter sentenced to four and one-half to nine years' imprisonment. A divided panel of the Appellate Division affirmed the conviction, agreeing with the suppression court that the defendant had no standing to challenge...

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