People v. Rice

Judgment unanimously reversed on the law and indictment dismissed. Memorandum: On appeal from his conviction of criminal possession of a controlled substance in the first degree, defendant argues that the search of the home of his fiancée (now his wife) violated his Fourth Amendment rights.

Defendant has standing to contest the warrantless entry and search of his fiancée’s house. The uncontroverted testimony at the suppression hearing established that defendant was virtually a daily visitor, had a paternal relationship with her son, slept there 5 to 10 nights per month, and, at the time of the…