Opinion
October 23, 1969
Appeal from the Monroe County Court.
Present — Del Vecchio, J.P., Marsh, Gabrielli, Moule and Bastow, JJ.
Order (oral) denying motion to suppress unanimously reversed and motion granted. Judgment unanimously reversed on the law and indictment dismissed. Memorandum: The principal reasons for our decision herein are stated in the companion appeal ( People v. Ryerson, 33 A.D.2d 639, decided concurrently herewith.) We further conclude that this appellant, who occupied the apartment with Miss Ryerson, had standing to challenge the legality of the search by way of a motion to suppress. ( Jones v. United States, 362 U.S. 257, 267; People v. McDonnell, 18 N.Y.2d 509. )