PEOPLE v. MYERS


303 A.D.2d 139 (2003)

758 N.Y.S.2d 68

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH MYERS, Appellant.

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

March 10, 2003.


Attorney(s) appearing for the Case

Andrew C. Fine, New York City (Richard Joselson and Jennifer Tsai of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Leonard Joblove, Sholom J. Twersky and Scott J. Splittgerber of counsel), for respondent.

RITTER, J.P., LUCIANO and SCHMIDT, JJ., concur.


OPINION OF THE COURT

GOLDSTEIN, J.

An issue presented on this appeal is whether, upon a defendant's appeal from his judgment of conviction, we may consider the defendant's legitimate expectation of privacy in determining the validity of a search and seizure if the hearing court did not rule adversely to the defendant on that issue (see CPL 470.15 [1]). We hold that if the defendant's legitimate expectation of privacy is an issue in the case, consideration...

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