Opinion
794 KA 22-00940
11-17-2023
The PEOPLE of the State of New York, Appellant, v. David SANTIAGO, Defendant-Respondent.
JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (DANIEL J. MATTLE OF COUNSEL), FOR APPELLANT.
JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (DANIEL J. MATTLE OF COUNSEL), FOR APPELLANT.
PRESENT: WHALEN, P.J., CURRAN, MONTOUR, OGDEN, AND NOWAK, 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 physical evidence recovered from the upper apartment of a duplex; defendant allegedly resided in the lower apartment of the duplex. We agree with the People that Supreme Court erred in suppressing the physical evidence without determining whether defendant had standing to challenge the search of the upper apartment (see People v. Guice , 181 A.D.3d 1209, 1210, 117 N.Y.S.3d 912 [4th Dept. 2020] ; 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 Guice , 181 A.D.3d at 1210, 117 N.Y.S.3d 912 ; Sweat , 148 A.D.3d at 1642, 51 N.Y.S.3d 299 ; see generally People v. Concepcion , 17 N.Y.3d 192, 194-195, 929 N.Y.S.2d 541, 953 N.E.2d 779 [2011] ).