PEOPLE v. HARRIS

7891, 5027/08.

96 A.D.3d 502 (2012)

947 N.Y.S.2d 61

2012 NY Slip Op 4677

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

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

June 12, 2012.


The court properly denied defendant's suppression motion. Defendant lacked standing to challenge the police recovery of a pistol from under a couch in defendant's friend's apartment, which the officers lawfully entered with a valid warrant for defendant's arrest. The hearing evidence, including hearsay rendered admissible by CPL 710.60 (4), established that defendant was a mere visitor who had arrived on the morning of the search. Defendant's occasional overnight stays at...

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