Legal Opinion

People v. Ellis

New York Supreme Court

Decided November 15, 2016Published

1Opinion of the Court

OPINION OF THE COURT

Alexander Jeong, J.

The defendant, Daquan Ellis, is charged with criminal possession of a weapon in the second degree and related charges. He now moves this court to . order a Mapp/Dunaway hearing, seeking suppression of the pistol recovered at the scene. For the following reasons, the defendant’s motion is denied.

A defendant seeking suppression of evidence has the burden of establishing standing by demonstrating a legitimate expectation of privacy in the premises or object searched. (People v Wesley, 73 NY2d 351 [1989].)

The defendant contends that he has standing to…

2Cases cited14 opinions

  1. Rawlings v. KentuckySupreme Court of the United States · 1980
  2. People v. De BourNew York Court of Appeals · 1976
  3. United States v. SalvucciSupreme Court of the United States · 1980
  4. People v. MendozaNew York Court of Appeals · 1993
  5. People v. HowardNew York Court of Appeals · 1980

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