Defendant's motion to suppress physical evidence was properly denied. There was no evidence that defendant had any reasonable expectation of privacy in the abandoned, vacant apartment, and the doctrine of "automatic standing" was inapplicable because the People adequately, although inartfully, apprised the hearing court of their intention to rely on ordinary constructive possession in addition to the "room presumption" of Penal Law § 220.25 (2) (People v Tejada
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PEOPLE v. AYERS
214 A.D.2d 459 (1995)
625 N.Y.S.2d 206
The People of the State of New York, Respondent, v. Michael Ayers, Also Known as Ernest Stokes, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
April 20, 1995
April 20, 1995
Appellate Division of the Supreme Court of the State of New York, First Department.
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