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PEOPLE v. HUNTER

17 N.Y.3d 725 (2011)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHAWN HUNTER, Appellant.

Court of Appeals of New York.

Decided June 2, 2011.

Attorney(s) appearing for the Case

Timothy P. Donaher , Public Defender, Rochester ( Matthew J. Clark , of counsel), for appellant.

Michael C. Green , District Attorney, Rochester ( Joseph D. Waldorf , of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed and the matter remitted to that court for consideration of issues raised but not determined on the appeal to that court.

It is well settled that a defendant seeking suppression of evidence obtained as the result of an alleged illegal search must prove standing to challenge the search (see People v Ramirez-Portoreal, 88 N.Y.2d 99

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