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PEOPLE v. HARDY

2008-07235.

77 A.D.3d 133 (2010)

907 N.Y.S.2d 244

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH A. HARDY, Appellant.

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

Decided August 10, 2010.

Attorney(s) appearing for the Case

John F. McGlynn , Rockville Centre, for appellant.

Francis D. Phillips II , District Attorney, Goshen ( Robert H. Middlemiss and Andrew R. Kass of counsel), for respondent.

MASTRO, J.P., SANTUCCI and BELEN, JJ., concur.

OPINION OF THE COURT

CHAMBERS, J.

On this appeal, the primary issue before us is whether a hotel guest who was in arrears on the rent retains a reasonable expectation of privacy where the hotel management did not take affirmative steps to repossess the room until after a hotel employee reported that she detected the odor of marijuana emanating from his room. We hold that a hotel guest, under these circumstances...

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