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PEOPLE v. WILLIAMS

291 A.D.2d 466 (2002)

737 N.Y.S.2d 635

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD WILLIAMS, Appellant.

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

Decided February 11, 2002.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

As police officers were about to execute a defective search warrant at an apartment where the defendant was a guest, he dropped bags of cocaine out of the apartment window. The branch of the defendant's omnibus motion which was to suppress the seized cocaine was properly denied, since he did not have a reasonable expectation of privacy in the apartment (see, People v Wesley,

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