PEOPLE v. TROTTER


224 A.D.2d 1013 (1996)

637 N.Y.S.2d 819

The People of the State of New York, Appellant, v. Marcus Trotter, Respondent

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

February 2, 1996


Order unanimously reversed on the law, motion to suppress denied and matter remitted to Erie County Court for further proceedings on indictment.

Memorandum:

County Court erred in granting defendant's motion to suppress a gun seized from defendant in a bedroom located at 526 Monroe Street, Buffalo. Defendant failed to meet his initial burden of establishing that he had standing "by demonstrating a personal legitimate expectation of privacy" (People v Whitfield...

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