SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT
October 23, 1969
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
PETER IGOR DE LISSOVOY, APPELLANT
Appeal from judgment of Monroe County Court convicting defendant of violation of Penal Law, § 1751, subd. 2 and Public Health Law, § 3305.
Del Vecchio, J. P., Marsh, Gabrielli, Moule and Bastow, JJ.
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.)
Order (oral) denying motion to suppress unanimously reversed and motion granted. Judgment unanimously reversed on the law and indictment dismissed.
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