PEOPLE v. GILMORE

2017-07226. 2017-07227. Ind. Nos. 5829/16, 8063/16.

183 A.D.3d 838 (2020)

122 N.Y.S.3d 538

2020 NY Slip Op 02936

The People of the State of New York, Respondent, v. David Gilmore, Appellant.

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

Decided May 20, 2020.


Ordered that the judgments are 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 allege facts that, if true, establish that he had standing to challenge the warrantless entry and subsequent search of the subject apartment (see People v Burton, 6 N.Y.3d 584<...

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