You are here: / / No Standing to Contest Search of Guest Room
,

No Standing to Contest Search of Guest Room

The Court of Appeals determined there was support in the record for the trial court’s finding that defendant did not have standing to contest the search of a room in his grandmother’s house where a weapon was found:

The judge credited the grandmother’s testimony that the bedroom where the gun was found was an extra or guest bedroom; and that defendant had a separate room and did not stay in the guest bedroom. Given these facts, Supreme Court held that defendant failed to meet his burden of establishing a reasonable expectation of privacy in “a room that wasn’t his, that was used by several other people.”  People v Leach, No 130, CtApp 6-25-13

SUPPRESSION

 

You might also like
Possession of a Controlled Substance May Be Proved Circumstantially/Permissible Inference that Possessors Know What They Possess
AFTER THE SENTENCE WAS OVERTURNED ON APPEAL BECAUSE THE JUDGE CONSIDERED EVIDENCE OF A CHARGE THAT DID NOT GO TO THE JURY, THE JUDGE IMPOSED THE SAME SENTENCE, SECOND SENTENCE WAS NOT VINDICTIVE, FAILURE TO OBJECT NOT INEFFECTIVE ASSISTANCE.
DEFENSE COUNSEL WAS NOT INEFFECTIVE FOR AGREEING TO ANNOTATIONS ON THE VERDICT SHEET WHICH SERVED TO DISTINGUISH COUNTS ALLEGING SIMILAR BEHAVIOR IN THIS AGGRAVATED HARASSMENT CASE, COUNTY COURT REVERSED (CT APP).
In a Risk Level Modification Proceeding, a Defendant Is Entitled to All the Documents Reviewed by the Board
DEFENSE COUNSEL NOT INEFFECTIVE FOR FAILING TO ASSERT THE JUSTIFICATION DEFENSE, DEFENDANT INSISTED HE WAS NOT THE SHOOTER AND INSTRUCTED COUNSEL NOT TO RAISE JUSTIFICATION AS A DEFENSE.
Failure to Exercise Peremptory Challenge Not Ineffective Assistance
PLAIN LANGUAGE OF THE COLLECTIVE BARGAINING AGREEMENT LIMITED THE RIGHT TO DEMAND ARBITRATION TO THE UNION, NOT THE FIRED EMPLOYEE (CT APP).
Admission in Evidence of Defendant’s Statements About Prior Murders Did Not Rise to a Constitutional Injury—Harmless Error Doctrine Applied

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Defendant May Not Be Cross-Examined About Criminal Conviction on Direct App... Plea Colloquy Raised Concerns Requiring Further Inquiry Re: Defendant’s Mental...