People v. Mims

Sullivan, J. P. (dissenting).

Since defendant lacked standing to challenge the seizure of the bag containing the drugs and inasmuch as, in any event, the officers had probable cause to arrest defendant and seize all of the physical evidence, I would reverse, deny suppression, reinstate the indictment and remand the matter for further proceedings.

On September 27,1991 at 10:20 p.m., Police Officers Fleming and Lott, both in uniform, were on a rooftop observation post across the street from 303 West 154th Street, a six-story apartment building and drug-prone location, which was the focus of their…