Summary
In People v. Merchant, 258 A.D.2d 478, 478 (N.Y. App. Div. 1999) (memorandum), "the defendant challenge[d] the search of a mailbox which was not located in his residence and in which he claimed no possessory interest," even though "keys to the mailbox were found in his possession."
Summary of this case from Commonwealth v. BellOpinion
February 1, 1999
Appeal from the Supreme Court, Queens County (Browne, J.).
Ordered that the order is reversed insofar as appealed from, on the law, that branch of the omnibus motion which was to suppress physical evidence is denied, and the matter is remitted to the Supreme Court, Queens County, for further proceedings on the indictment.
The defendant challenges the search of a mailbox which was not located in his residence and in which he claims no possessory interest. Accordingly, he failed to meet his burden of establishing standing to challenge that search ( see, People v. Ramirez-Portoreal, 88 N.Y.2d 99, 108; cf., People v. Lilly, 211 A.D.2d 428). The fact that keys to the mailbox were found in his possession was insufficient to establish standing ( see, People v. Vargas, 140 A.D.2d 472).
O'Brien, J. P., Santucci, Joy and Goldstein, JJ., concur.