PEOPLE v. HOLMES

8734, 5650/10.

170 A.D.3d 532 (2019)

97 N.Y.S.3d 1

2019 NY Slip Op 02033

The People of the State of New York, Respondent, v. Stanley Holmes, Appellant.

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

Decided March 19, 2019.


The parties correctly agree that the hearing court erred when it denied defendant's motion to suppress a pistol based solely on the court's finding that defendant lacked standing because the pistol was recovered from the ground. Two officers testified at the hearing to the effect that the pistol was recovered immediately after it fell from defendant's person. Since this Court lacks jurisdiction to affirm the denial of defendant's motion to suppress the pistol on the alternative...

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