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People v. Hunter

55 N.Y.2d 930 Court N.Y. Decision date 1982-02-11 English

Contents

Majority

p. 930
The People of the State of New York, Respondent, v Robert Hunter, Appellant.
Decided February 11, 1982
p. 931
APPEARANCES OF COUNSEL
Barbara K. Friedman for appellant.
Denis Dillon, District Attorney (Laurie Stein Hershey of counsel), for respondent.

OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order affirmed. Defendant lacks standing to challenge the seizure of the weapon, as the doctrine of “automatic standing” is unavailable (People v Ponder, 54 NY2d 160 ) and defendant is unable to demonstrate a reasonable expectation of privacy in the area searched (see Rakas v Illinois, 439 US 128 ).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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