People v. Wesley

— Judgment unanimously reversed on the law, defendant’s motion to suppress granted and indictment dismissed. Memorandum: On appeal from a judgment convicting him a criminal possession of marihuana in the first degree and criminal possession of a weapon in the third degree, defendant’s primary contention is that the suppression court erred in denying his motion to suppress evidence seized pursuant to a search warrant on the ground that he lacked standing to challenge the legality of the search warrant. We agree. Although the "automatic standing” rule established in Jones v United States (362…