People v. Andrews, 78 N.Y.2d 88 (1991)
Automatic standing to challenge a search and seizure is limited to cases where the criminal possessory charge is rooted solely in a statutory presumption attributing possession to the defendant; it does not extend to charges based on ordinary constructive possession.
Summary
Defendant Andrews was convicted of drug and weapons charges. He sought to suppress evidence, arguing he had standing. The Court of Appeals held that automatic standing only applies when the possessory charge is *solely* based on a statutory presumption. Since the weapon and paraphernalia charges were based on constructive possession, not solely on a statutory presumption, Andrews had to demonstrate a personal expectation of privacy in the searched premises, which he failed to do. The Court affirmed the Appellate Division’s decision, limiting the application of automatic standing.
Facts
Police searched an apartment and found controlled substances, a weapon, and drug paraphernalia. Andrews was charged with criminal possession of a controlled substance, criminal possession of a weapon, and criminally using drug paraphernalia. The drug charge was based on Penal Law §220.25 (2), a statutory presumption. The other charges were based on constructive possession. Andrews did not reside at the apartment.
Procedural History
The Supreme Court initially denied Andrews’ motion to suppress for lack of standing. The Appellate Division held the appeal in abeyance and remitted for a hearing on the suppression motion. On remittal, the Supreme Court held Andrews had automatic standing to challenge the drug charge but needed to demonstrate a personal expectation of privacy for the other charges. The Appellate Division modified the judgment, reversing the drug conviction but affirming the others. The Court of Appeals granted leave to appeal to consider the standing issue for the weapon and drug paraphernalia charges.
Issue(s)
Whether the defendant should be accorded automatic standing to challenge the search and seizure of the weapon and drug paraphernalia, where one charge (drug possession) was rooted in a statutory presumption, but the other charges were based on ordinary constructive possession.
Holding
No, because automatic standing is a narrow exception limited to cases where the criminal possessory charge is rooted *solely* in a statutory presumption attributing possession to the defendant. Since the charges related to the weapon and paraphernalia were based on ordinary constructive possession, the defendant was required to demonstrate a personal expectation of privacy in the searched premises.
Court’s Reasoning
The Court of Appeals emphasized the distinction between statutory presumption-based possession and ordinary constructive possession. Citing People v. Wesley, the Court stated that when a charge is based on ordinary constructive possession, standing is available only if the defendant demonstrates a “personal legitimate expectation of privacy in the searched premises.” The Court refused to extend the automatic standing exception established in People v. Millan, which applies when possession is attributed solely through a statutory presumption, to cases involving constructive possession based on other evidence. The Court reasoned that expanding automatic standing would undermine the general rule requiring a personal expectation of privacy. The Court quoted People v. Ponder, stating that a defendant must ” ‘establish, that he himself was the victim of an invasion of privacy’ ” to challenge a search. The court emphasized that the “unfairness… perceived in Millan is not present in cases where a defendant is charged with constructive possession on the basis of evidence other than the statutory presumption”.