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People v. McKinney

Appellate Division of the Supreme Court of New York, Second Department
Feb 23, 1987
127 A.D.2d 853 (N.Y. App. Div. 1987)

Opinion

February 23, 1987

Appeal from the County Court, Dutchess County (King, J.).


Ordered that the judgment is affirmed.

Criminal Term's suppression ruling was proper because, inter alia, the evidence clearly demonstrated that the defendant was a mere visitor in the apartment from which the physical evidence was seized, and, under all the circumstances, he had no reasonable expectation of privacy in the apartment (see, People v. Ponder, 54 N.Y.2d 160; People v. Alicia, 113 A.D.2d 944; People v. Bencevi, 111 A.D.2d 397; People v. Farinaro, 110 A.D.2d 653).

The defendant's other contentions are either unpreserved for appellate review as a matter of law or without merit. Lawrence, J.P., Eiber, Kooper and Spatt, JJ., concur.


Summaries of

People v. McKinney

Appellate Division of the Supreme Court of New York, Second Department
Feb 23, 1987
127 A.D.2d 853 (N.Y. App. Div. 1987)
Case details for

People v. McKinney

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALGA RUFUS McKINNEY…

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

Date published: Feb 23, 1987

Citations

127 A.D.2d 853 (N.Y. App. Div. 1987)