People v. Buckley

As I noted when first People v Buckley (74 AD2d 757, 762) was before us, the defendant in that case had no “reasonable or ‘legitimate expectation of privacy’ either in the safe or in the van which was violated by the search”. Hence, he had no standing to object to that search. Scigowski, however, stands on a somewhat different plane. He was the sublessor of the premises searched. Whether he had a reasonable expectation of privacy depends on two factors: whether or not he had repossessed the premises at the time of the search and whether or not the safe into which the weapons had been…