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PEOPLE v. JENKINS

2008-01090.

66 A.D.3d 800 (2009)

886 N.Y.S.2d 348

2009 NY Slip Op 7440

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FREDRICK JENKINS, Appellant.

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

Decided October 13, 2009.

Ordered that the judgment is affirmed.

The defendant did not establish standing to contest the police search of his cigarette butts which he discarded in the police precinct and from which his DNA was extracted (see People v Ramirez-Portoreal, 88 N.Y.2d 99, 108 [1996]). The defendant failed to demonstrate a legitimate expectation of privacy in the cigarette butts.

In any event, the People met their burden of demonstrating...

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