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PEOPLE v. CHEATHAM

54 A.D.3d 297 (2008)

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. DEON CHEATHAM, Respondent. THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JEROME McDOWELL, Respondent.

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

August 26, 2008.

In his motion to suppress, defendant Cheatham relied solely on the statutory presumption (Penal Law § 220.25 [1]) in asserting his standing to challenge the search of the vehicle in which he and defendant McDowell were passengers. For his part, McDowell made no factual assertions bearing on his standing in his motion to suppress. Although the People appear not to have addressed the issue of standing in their written responses...

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