PEOPLE v. MERCHANT


258 A.D.2d 478 (1999)

685 N.Y.S.2d 103

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. SCOTT MERCHANT, Respondent.

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

Decided February 1, 1999.


Ordered that the order is reversed insofar as appealed from, on the law, that branch of the omnibus motion which was to suppress physical evidence is denied, and the matter is remitted to the Supreme Court, Queens County, for further proceedings on the indictment.

The defendant challenges the search of a mailbox which was not located in his residence and in which he claims no possessory interest. Accordingly, he failed to meet his burden of establishing standing to...

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