People v Gibbs (Benjamin)

[*1] People v Gibbs (Benjamin) 2010 NY Slip Op 51982(U) [29 Misc 3d 135(A)] Decided on November 18, 2010 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on November 18, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ
570549/10.

The People of the State of New York, Appellant,

against

Benjamin Gibbs, Defendant-Respondent.

The People appeal from that portion of an order of the Criminal Court of the City of New York, New York County (ShawnDya L. Simpson, J.), dated December 3, 2009, which suppressed physical evidence.

Per Curiam.

Order (ShawnDya L. Simpson, J.), dated December 3, 2009, insofar as appealed from, reversed, on the law, suppression denied as to the pack of cigarettes recovered from a third party, and the matter is remanded to the Criminal Court for further proceedings.

Criminal Court erred in suppressing the pack of cigarettes recovered by the police from a third party, since defendant did not request such relief. In any event, defendant lacked standing to challenge the search of the third party (see People v Ponder, 54 NY2d 160 [1981]; People v Cedeno, 193 AD2d 540 [1993]; People v Paige, 154 AD2d 318 [1989]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur
Decision Date: November 18, 2010