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People v. Coston

Appellate Division of the Supreme Court of New York, Second Department
Mar 30, 2000
270 A.D.2d 496 (N.Y. App. Div. 2000)

Opinion

Argued February 17, 2000

March 30, 2000

Appeal by the defendant from a judgment of the Supreme Court, Queens County (McGann, J.), rendered March 3, 1997, convicting him of manslaughter in the first degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress physical evidence.

M. Sue Wycoff, New York, N.Y. (Jeffrey I. Richman of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Johnnette Traill of counsel; Sabine L. Noisette on the brief), for respondent.

FRED T. SANTUCCI, J.P., DANIEL W. JOY, WILLIAM C. THOMPSON, GLORIA GOLDSTEIN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant failed to establish that he had standing to contest the search of his grandfather's home (see, People v. Guo Yan Zheng, 266 A.D.2d 471 [2d Dept., Nov. 22, 1999]; People v. King, 242 A.D.2d 736 ;People v. Freeman, 220 A.D.2d 369 ; People v. Bandera, 166 A.D.2d 657 ). Accordingly, that branch of his motion which was to suppress the gun found at that location was properly denied (see, People v. Tejada, 81 N.Y.2d 861 ; People v. Butler, 80 A.D.2d 644 ).

The defendant's remaining contentions are without merit.

SANTUCCI, J.P., JOY, THOMPSON, and GOLDSTEIN, JJ., concur.


Summaries of

People v. Coston

Appellate Division of the Supreme Court of New York, Second Department
Mar 30, 2000
270 A.D.2d 496 (N.Y. App. Div. 2000)
Case details for

People v. Coston

Case Details

Full title:THE PEOPLE, ETC., respondent, v. CRAIG COSTON, appellant. (Ind. No…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 30, 2000

Citations

270 A.D.2d 496 (N.Y. App. Div. 2000)
705 N.Y.S.2d 298

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