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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT HUNTER, Appellant.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [b]), order affirmed. Defendant lacks standing to challenge the seizure of the weapon, as the doctrine of "automatic standing" is unavailable ( People v Ponder, 54 N.Y.2d 160) and defendant is unable to demonstrate a reasonable expectation of privacy in the area searched (see Rakas v Illinois, 439 U.S. 128).

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.

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PEOPLE v. HUNTER
(Feb 11, 1982)