From Casetext: Smarter Legal Research

People v. Johnson

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 6, 1989
154 A.D.2d 932 (N.Y. App. Div. 1989)

Opinion

October 6, 1989

Appeal from the Onondaga County Court, Cunningham, J.

Present — Dillon, P.J., Callahan, Boomer, Balio and Lawton, JJ.


Judgment unanimously affirmed. Memorandum: We affirm for reasons stated in the decision of County Court, Onondaga County (Cunningham, J.). In addition, we note that defendant's papers in support of her motion to suppress fail to make a showing that she had any legitimate expectation of privacy in the telephone listed to codefendant's girlfriend and utilized by the codefendant. The People's failure to raise this issue in the suppression court does not relieve defendant of her burden of proving standing (see, CPL 710.60; People v Wesley, 73 N.Y.2d 351, 358-359).


Summaries of

People v. Johnson

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 6, 1989
154 A.D.2d 932 (N.Y. App. Div. 1989)
Case details for

People v. Johnson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LOUISE JOHNSON…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Oct 6, 1989

Citations

154 A.D.2d 932 (N.Y. App. Div. 1989)

Citing Cases

People v. Stokes

Present: Dillon, P.J., Callahan, Denman and Balio, JJ. Judgment unanimously affirmed for reasons stated at…

People v. Sanchez-Reyes

We reject defendant's contention that the People's failure to raise the issue of defendant's standing to…