People v. McNally

Mangano, J.,

dissents and votes to affirm the judgment, with the following memorandum, in which Brown, J., concurs: Defendant could only have challenged the validity of the warrantless search of the plastic trash bags if he had been able to demonstrate that he personally held a reasonable expectation of privacy in those bags. (See People v Ponder, 54 NY2d 160,166; see, also, United States v Salvucci, 448 US 83; Rawlings v Kentucky, 448 US 98; Rakas v Illinois, 439 US 128; People v David L., 56 NY2d 698, revg 81 AD2d 893, on the dissenting mem at 81 AD2d 893, 895-896.) At the suppression…