People v. Tawond Leach


AD2 order dated December 27, 2011, affirming judgment of conviction. Decision below: 90 A.D.3d 1073, 935 N.Y.S.2d 631. Lippman, Ch.J., granted leave July 17, 2012.

ISSUES PRESENTED: Whether defendant had standing to object to the search of the guest room in his grandmother’s apartment, where the defendant had been staying in another room.

Issue before the Court: Was there record support for the Appellate Division’s finding that the defendant did not have a legitimate expectation of privacy in the bedroom in his grandmother’s house where the gun was found and thus lacked standing to challenge its recovery.

Held: Although the defendant lived in his grandmother’s house and a different finding would not have been unreasonable, there was record support for the Appellate Division’s finding, given the grandmother’s credible testimony that the room where the gun was recovered was an extra room, reserved for guests, and not used by the defendant.