PEOPLE v. COUSER


303 A.D.2d 981 (2003)

756 N.Y.S.2d 686

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN COUSER, Appellant.

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

Decided March 21, 2003.


It is hereby ordered that the case is held, the decision is reserved and the matter is remitted to Onondaga County Court for further proceedings in accordance with the following memorandum: We agree with defendant that County Court erred in determining that he lacked standing to contest the search of his jail cell pursuant to a search warrant and in denying his suppression motion on that ground. Defendant was an inmate at the Monroe County Jail awaiting trial on criminal...

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