PEOPLE v. IBARGUEN

2017-06039, Ind. No. 10191/15.

173 A.D.3d 1207 (2019)

101 N.Y.S.3d 616

2019 NY Slip Op 05149

The People of the State of New York, Respondent, v. Eric Ibarguen, Appellant.

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

Decided June 26, 2019.


Ordered that the judgment is affirmed.

We agree with the Supreme Court's determination to deny that branch of the defendant's omnibus motion which was to suppress physical evidence without conducting a hearing (see CPL 710.60[3][a]). The defendant failed to establish a reasonable expectation of privacy in the apartment at which he was merely a casual visitor, and thus, he lacked standing to challenge the warrantless entry and subsequent search of the premises...

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