New York Court of Appeals

The People of the State of New York, Respondent v. Thomas Burton, Appellant

May 2, 20066 N.Y.3d 584

Summary

The New York Court of Appeals reversed the Appellate Division and remanded the case for a suppression hearing, holding that the defendant had standing to move to suppress the narcotics seized from his person. The Court reasoned that the defendant’s motion, together with the police officer’s statements, satisfied the factual allegation requirement of CPL 710.60 and thus established a legitimate expectation of privacy under the Fourth Amendment.