Summary
In Estrada where the defendant was found not to have been a person aggrieved by a search no charge was made of possession by the defendant of the narcotics seized at the time of the search of a third person.
Summary of this case from People v. StojekOpinion
Argued October 16, 1968
Decided November 27, 1968
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, NATHAN R. SOBEL, J.
Robert L. Walker and Anthony F. Marra for appellant.
Elliott Golden, Acting District Attorney ( J. Mitchell Rosenberg of counsel), for respondent.
Order affirmed; no opinion.
Concur: Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN. Chief Judge FULD dissents and votes to reverse and to reinstate the order of Criminal Term granting defendant's motion to suppress on the ground that a person charged with possession of contraband at the time of an unlawful search and seizure is necessarily a "person * * * aggrieved" (Code Crim. Pro., § 813-c) by such illegal conduct even though he may not have had physical custody of the property. (See Jones v. United States, 362 U.S. 257, 263-264.)