PEOPLE v. BURKE


251 A.D.2d 424 (1998)

674 N.Y.S.2d 699

The People of the State of New York, Respondent, v. Colin Burke, Also Known as Colin Grant, Also Known as Criss-Cross, Appellant

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

June 8, 1998


Ordered that the judgment is affirmed.

The hearing court properly concluded that the defendant did not have standing to contest the search of the stairs leading to the attic, in which cocaine had been secreted, as the defendant failed to prove that he had a reasonable expectation of privacy in that area (see, Rakas v Illinois, 439 U.S. 128; People v Wesley, 73 N.Y.2d 351, 356...

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