People v. Isaacs

The defendant’s affidavit, in which he stated that he lived in an apartment with his fiancee, established that the defendant had a legitimate expectation of privacy in the apartment and, thus, had standing to challenge the search of the apartment and the seizure of a gun (see Minnesota v Carter, 525 US 83, 88-89 [1998]; People v Adams, 244 AD2d 897, 898 [1997]). Moreover, in light of the hearing court’s particular credibility findings as to the People’s witnesses, which we find are supported by the record, the court properly granted that branch of the defendant’s omnibus motion which was to…