PEOPLE v. PAULINO


216 A.D.2d 238 (1995)

629 N.Y.S.2d 22

The People of the State of New York, Respondent, v. Manuel Paulino, Appellant

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

June 29, 1995


Defendant did not have automatic standing to challenge the search and seizure, as the People relied on not only the "room presumption" of Penal Law § 220.25 (2) but also constructive possession (see, People v Tejada, 81 N.Y.2d 861). However, were we to address the merits, we would find that the police were justified in making a warrantless entry and seizing of drugs found in plain view in light of the police officer's...

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