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PEOPLE v. BURTON

6 N.Y.3d 584 (2006)

848 N.E.2d 454

815 N.Y.S.2d 7

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS BURTON, Appellant.

Court of Appeals of the State of New York.

Decided May 2, 2006.

Attorney(s) appearing for the Case

Legal Aid Society, Criminal Appeals Bureau, New York City (Laura Boyd and Laura R. Johnson of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Karen Schlossberg and Sandra E. Cavazos of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, READ and R.S. SMITH concur.

OPINION OF THE COURT

GRAFFEO, J.

In this case, the People contend that defendant's motion to suppress physical evidence seized during a search of his person was properly denied without a hearing because he failed to proffer sufficient factual allegations demonstrating that he had standing to challenge the search. The People argue that defendant's motion was insufficient because he did not admit to possessing...

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