People v. Collins

144 A.D.3d 1050

42 N.Y.S.3d 51

2016 N.Y. Slip Op. 07975

The PEOPLE, etc., respondent,

v.Shyquan J. COLLINS, appellant.

Supreme Court, Appellate Division, Second Department, New York.

Nov. 23, 2016.

Steven A. Feldman, Uniondale, N.Y. (Arza Feldman of counsel), for appellant.

William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.

JOHN M. LEVENTHAL, J.P., JEFFREY A. COHEN, ROBERT J. MILLER, and HECTOR D. LaSALLE, JJ.

Appeal by the defendant from a judgment of the County Court, Dutchess County (Greller, J.), rendered August 14, 2014, convicting him of criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress physical evidence.

ORDERED that the judgment is affirmed.

The defendant challenges the denial, after a hearing, of that branch of his omnibus motion which was to suppress physical evidence found in a motel room.

The protections of the Fourth Amendment against unreasonable searches and seizures extend to a guest in a motel room during the term of the rental agreement (see Stoner v. California, 376 U.S. 483, 84 S.Ct. 889, 11 L.Ed.2d 856 ; United States v. Jeffers, 342 U.S. 48, 72 S.Ct. 93, 96 L.Ed. 59 ; People v. Ali, 131 A.D.2d 857, 858, 517 N.Y.S.2d 216, affd. 71 N.Y.2d 1010, 530 N.Y.S.2d 99, 525 N.E.2d 745 ). Contrary to the defendant's contention, however, the County Court properly concluded that the defendant failed to meet his burden of demonstrating a legitimate expectation of privacy in the subject motel room (see People v. Lopez, 104 A.D.3d 876, 876, 961 N.Y.S.2d 295 ). The record contains no evidence of any relationship between the defendant and the woman to whom the motel room was...