Legal Opinion
People v. Wesley
New York Court of Appeals
Decided April 4, 1989PublishedCited by 213 opinions
1Opinion of the Court
OPINION OF THE COURT
Kaye, J.
The central issue to be decided on this appeal is whether defendant has standing to challenge a search that results in the discovery of contraband, based solely on his alleged constructive possession of that contraband. Consonant with State law since People v Ponder (54 NY2d 160) abrogating "automatic standing,” we conclude that defendant failed to establish standing to challenge the search and therefore reverse the Appellate Division order overturning his conviction.
I
Defendant was arrested following a search of the house occupied by his girlfriend, Jacquelin…
2Cases cited44 opinions
- Illinois v. GatesSupreme Court of the United States · 1983
- Katz v. United StatesSupreme Court of the United States · 1967
- Aguilar v. TexasSupreme Court of the United States · 1964
- Simmons v. United StatesSupreme Court of the United States · 1968
- Spinelli v. United StatesSupreme Court of the United States · 1969
39 more not listed; retrieve them via the Exa API.
3Cited by213 opinions
- People v. MendozaNew York Court of Appeals · 1993
- People v. Ramirez-PortorealNew York Court of Appeals · 1996
- People v. SpencerNew York Court of Appeals · 1995
- People v. GalakNew York Court of Appeals · 1993
- People v. BanksNew York Court of Appeals · 1995
208 more not listed; retrieve them via the Exa API.