People v. Myers
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Goldstein, J.
An issue presented on this appeal is whether, upon a defendant’s appeal from his judgment of conviction, we may consider the defendant’s legitimate expectation of privacy in determining the validity of a search and seizure if the hearing court did not rule adversely to the defendant on that issue (see CPL 470.15 [1]). We hold that if the defendant’s legitimate expectation of privacy is an issue in the case, consideration of the issue is unavoidable in reaching a sound legal conclusion, since a defendant’s rights against unreasonable searches and seizures is…
2Cases cited41 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Chambers v. MaroneySupreme Court of the United States · 1970
- United States v. RossSupreme Court of the United States · 1982
- Cady v. DombrowskiSupreme Court of the United States · 1973
- California v. AcevedoSupreme Court of the United States · 1991
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3Cited by17 opinions
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- People v. BellAppellate Division of the Supreme Court of the State of New York · 2004
- People v. KettelesAppellate Division of the Supreme Court of the State of New York · 2009
- People v. AndersonAppellate Division of the Supreme Court of the State of New York · 2003
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