People v. Lewis

Copertino, J., dissents and votes to reverse the order appealed from and deny the branch of the defendant’s omnibus motion which was to suppress the handgun seized from the defendant with the following memorandum:

The majority of this Court agrees with the County Court’s conclusion that the defendant had standing to contest the search of the briefcase found on the floor of the back seat of the car which he was driving. Because the defendant repeatedly told the police that the briefcase belonged to someone else and that he did not know its contents, I dissent and vote to reverse the order of…