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PEOPLE v. McCULLUM

No. 101.

34 N.Y.3d 1022 (2019)

138 N.E.3d 502

114 N.Y.S.3d 773

2019 NY Slip Op 08977

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAMEE McCULLUM, Appellant.

Court of Appeals of New York.

Decided December 17, 2019.

Attorney(s) appearing for the Case

Paul Skip Laisure , Appellate Advocates, New York City ( Benjamin S. Litman , of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn ( Solomon Neubort , and Leonard Joblove of counsel), for respondent.

Patterson Belknap Webb & Tyler LLP, New York City ( Elizabeth Riordan Hurley , Gregory Diskant and Joshua Kipnees , of counsel), for The Community Development Project of the Urban Justice Center and others, amici curiae.

Chief Judge DIFIORE and Judges RIVERA, STEIN, FAHEY, GARCIA, WILSON and FEINMAN concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed. As defendant concedes, he failed to preserve the only argument that he now raises on appeal—namely, his standing to challenge the police search of his property on the ground that he retained a reasonable expectation of privacy as a bailor following the New York City Marshal's legal possession of the apartment where...

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