People v. Dunnell

Appeal from judgment, Supreme Court, New York County (Micki A. Scherer, J., at motion; Richard D. Carruthers, J., at jury trial and sentence), rendered August 1, 2006, convicting defendant of grand larceny in the fourth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, held in abeyance and the matter remanded for a suppression hearing.

Relying on this Court’s decision in People v Burton (16 AD3d 241 [2005]), the motion court summarily denied defendant’s suppression motion solely on the ground of lack of standing. However, as the People concede, defendant…