People v. DiLucchio

In People v. DiLucchio, 115 A.D.2d 555, defendant was convicted of criminally negligent homicide and leaving the scene of an incident. The instrumentality of the crime was the defendant's father's car, which he had permission to drive to and from work. In holding that the defendant lacked standing to challenge the seizure of the vehicle, the Court found that there was no "testimony that the scope for the father's implicit permission extended beyond normal working hours, nor any information that defendant had his own set of keys or could exclude others . . . In view of the paucity of evidence and the fact that the car was seized a public street we conclude that defendant failed to carry his burden of establishing on the record on a basis for finding that he had a legitimate expectation of privacy . . ."