Does a defendant have standing to challenge the seizure of a firearm by the police?
"New York", United States of America
The following excerpt is from People v. Ycasa, 140 Misc.2d 114, 531 N.Y.S.2d 183 (N.Y. City Ct. 1988):
... the fact that defendant was, at some point in possession of the gun, [gives him] standing to challenge the propriety of the police conduct. People v. Sutton, supra.
Accordingly, we take the occasion to note that in Sutton we did no more than hold that a defendant from whom it be alleged by the prosecution that contraband was seized has standing to move to suppress. People v. Taylor, supra.
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