People v. Wesley

Hancock, Jr., J.

(dissenting). When the State bases an

individual’s guilt on his lawful dominion and control over a place where contraband is found, it may not dispute that same dominion and control to deny him the right to challenge the police conduct in searching that place. The logic and simple justice of this principle was the basis of the Federal and State constitutional rule announced in People v Millan (69 NY2d 514).1 The same principle was also at the root of our decision in People v Mosley (68 NY2d 881). Indeed, it seems virtually unthinkable that the law could be otherwise.

The issue…