People v. Rodriguez

OPINION OF THE COURT

Steven W. Fisher, J.

This motion to suppress physical evidence presents two *513unusual issues, both involving a criminal defendant’s standing to challenge a search and seizure. The first is whether standing derived solely from the prosecution’s reliance upon a statutory presumption (see, People v Millan, 69 NY2d 514) confers a right to seek suppression of additional property which is not subject to the presumption but which is seized in the course of the same search. The second issue, and one of apparent first impression, is whether a defendant can lose that standing by…