Opinion
254 KA 19–01820
03-13-2020
The PEOPLE of the State of New York, Appellant, v. Demonz GUICE, Defendant–Respondent.
JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (DANIEL J. PUNCH OF COUNSEL), FOR APPELLANT.
JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (DANIEL J. PUNCH OF COUNSEL), FOR APPELLANT.
PRESENT: CARNI, J.P., LINDLEY, NEMOYER, TROUTMAN, AND DEJOSEPH, JJ.
MEMORANDUM AND ORDER It is hereby ORDERED that the case is held, the decision is reserved and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the following memorandum: The People appeal from an order granting defendant's omnibus motion insofar as it sought to suppress a gun recovered from a vehicle. We agree with the People that Supreme Court erred in suppressing the gun without determining whether defendant had standing to challenge the search of the vehicle (see People v. Sweat, 148 A.D.3d 1641, 1642, 51 N.Y.S.3d 299 (4th Dept. 2017) ; see also CPL 710.60[6] ). We therefore hold the case, reserve decision, and remit the matter to Supreme Court to rule on that issue (see Sweat, 148 A.D.3d at 1642 ; see generally People v. Concepcion, 17 N.Y.3d 192, 194–195, 929 N.Y.S.2d 541, 953 N.E.2d 779 (2011) ).