The hearing court correctly denied defendant's motion to suppress a surveillance video from the store where the homicide occurred. There is no reason to disturb the court's credibility determinations. The evidence established that defendant, an employee at his mother's store, lacked a legitimate expectation of privacy in the store's DVR system, and therefore lacked standing to contest the police conduct in taking the video (see generally People v Ramirez-Portoreal,
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PEOPLE v. FALL
Ind. Nos. 4476/16, 2267/16. Appeal Nos. 15911-15911A. Case No. 2020-00430.
205 A.D.3d 482 (2022)
168 N.Y.S.3d 65
2022 NY Slip Op 03078
The People of the State of New York, Respondent, v. Cheichk Fall, Appellant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided May 10, 2022.
Decided May 10, 2022.
Attorney(s) appearing for the Case
Alvin L. Bragg, Jr. , District Attorney, New York ( Jared Wolkowitz of counsel), for respondent.
Concur— Renwick, J.P., Mazzarelli, Gesmer, González, JJ.
Appellate Division of the Supreme Court of New York, First Department.
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