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PEOPLE v. GAFFNEY

308 A.D.2d 598 (2003)

764 N.Y.S.2d 727

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES GAFFNEY, Also Known as JAMES WILLIAMS, Appellant.

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

Decided September 29, 2003.

Ordered that the judgment is affirmed.

To invoke the protection of the Fourth Amendment (see US Const 4th Amend), a defendant must exhibit an actual expectation of privacy which society is prepared to recognize as reasonable (see Minnesota v Olson, 495 U.S. 91, 95-96 [1990]; People v Ramirez-Portoreal, 88 N.Y.2d 99, 108 [1996]; People v Robinson, 300 A...

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