People v. Silas

—Appeal by the People from an order of the Supreme Court, Queens County (Berke, J.), dated July 6, 1994, which granted that branch of the defendant’s omnibus motion which was to suppress physical evidence and dismissed the indictment.

Ordered that the order is reversed, on the law, that branch of the defendant’s omnibus motion which was to suppress physical evidence is denied, and the indictment is reinstated.

Under the circumstances presented, the defendant did not establish standing to seek suppression of the narcotics recovered by a police officer from behind a garbage dumpster situated on a…