New York Court of Appeals, 1982

People v. Hunter

People v. Hunter
New York Court of Appeals · Decided February 11, 1982
55 N.Y.2d 930; 434 N.E.2d 260; 449 N.Y.S.2d 191; 1982 N.Y. LEXIS 3120

People v. Hunter

Opinion of the Court

OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order affirmed. Defendant lacks standing to challenge the seizure of the weapon, as the doctrine of “automatic standing” is unavailable (People v Ponder, 54 NY2d 160) and defendant is unable to demonstrate a reasonable expectation of privacy in the area searched (see Rakas v Illinois, 439 US 128).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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