PEOPLE v. McCALL


51 A.D.3d 822 (2008)

860 N.Y.S.2d 539

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARREN McCALL, Appellant.

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

Decided May 13, 2008.


Ordered that the judgments are affirmed.

The defendant contends that there was no probable cause for the issuance of a search warrant for the subject premises. In response, the People contend that the defendant lacks standing to challenge the search warrant. Although the People raise this argument for the first time on appeal, their doing so is not improper since it was the defendant's burden to establish, in the first instance, standing to challenge the search warrant...

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