Legal Opinion
People v. Ponder
New York Court of Appeals
Decided November 19, 1981PublishedCited by 236 opinions
1Opinion of the Court
*163OPINION OF THE COURT
Wachtler, J.
The question presented on this appeal is whether the “automatic standing” rule in search and seizure cases should be retained as the law in this . State. That rule relieves a defendant charged with a possessory offense of the burden of establishing that he has an interest in the premises searched or the property seized in order to have standing to challenge the search or seizure. We agree with the Appellate Division’s determination that the rule should no longer be applied.
Joseph Salerno was shot on February 10, 1977 and later died of a wound he received during…
2Cases cited5 opinions
- Jones v. United StatesSupreme Court of the United States · 1960
- United States v. SalvucciSupreme Court of the United States · 1980
- Brown v. United StatesSupreme Court of the United States · 1973
- People v. HansenNew York Court of Appeals · 1975
- People v. HenleyNew York Court of Appeals · 1981
3Cited by236 opinions
- People v. Ramirez-PortorealNew York Court of Appeals · 1996
- People v. JohnsonNew York Court of Appeals · 1985
- People v. WesleyNew York Court of Appeals · 1989
- People v. HarrisNew York Court of Appeals · 1991
- People v. P. J. Video, Inc.New York Court of Appeals · 1986
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