PEOPLE v. RAMIREZ


88 N.Y.2d 99 (1996)

666 N.E.2d 207

643 N.Y.S.2d 502

The People of the State of New York, Respondent, v. Jose Ramirez-Portoreal, Appellant. The People of the State of New York, Appellant, v. Alberto Sanchez, Respondent. The People of the State of New York, Appellant, v. John Mims, Respondent.

Court of Appeals of the State of New York.

Decided May 2, 1996.


Attorney(s) appearing for the Case

Castillo & Siegel, Albany (Gaspar M. Castillo Jr. and Thomas J. Neidl of counsel), for appellant in the first above-entitled action.

Sol Greenberg, District Attorney of Albany County, Albany (Christopher D. Horn of counsel), for respondent in the first above-entitled action.

Robert M. Morgenthau, District Attorney of New York County, New York City (Patrick J. Hynes of counsel), for appellant in the second above-entitled action.

Joel M. Stein, New York City, and Andrea G. Hirsch for respondent in the second above-entitled action.

Robert M. Morgenthau, District Attorney of New York County, New York City (Aytan Y. Bellin and Paul Harnisch of counsel), for appellant in the third above-entitled action.

Martin M. Lucente, New York City, and Daniel L. Greenberg for respondent in the third above-entitled action.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.


SIMONS, J.

Defendants in these three unrelated appeals have been arrested and prosecuted for various counts of criminal possession of drugs. Prior to their arrests, each had deposited or hidden drugs in a public place and they challenged the legality of the police actions in seizing them. The questions raised are whether, in such circumstances, a defendant has standing...

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