PEOPLE v. OLIVER


39 A.D.3d 880 (2007)

835 N.Y.S.2d 308

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. KEVIN OLIVER, Respondent.

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

Decided April 24, 2007.


Ordered that the order is reversed insofar as appealed from, on the law and the facts, and that branch of the defendant's omnibus motion which was to suppress physical evidence is denied.

Contrary to the defendant's contention, the People raised the issue of the defendant's standing to contest the search of his knapsack both in their motion papers and in their posthearing memorandum. On appeal, the sole issue raised by the People is the question of standing.

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