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PEOPLE v. THOMAS

246 A.D.2d 611 (1998)

667 N.Y.S.2d 294

The People of the State of New York, Respondent, v. Elizabeth Thomas, Appellant

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

January 20, 1998

Ordered that the judgment is affirmed.

At a suppression hearing, a defendant has the burden of establishing standing by demonstrating a personal, legitimate expectation of privacy in the item searched (see, People v Whitfield, 81 N.Y.2d 904; People v Wesley, 73 N.Y.2d 351). Here, the defendant did not sustain this burden. On the contrary, at the hearing the defendant unequivocally...

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