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After a bench trial, I hereby pronounce the Appellate Division, First Department, not guilty of the charge (Marc Fernich, “Hybrid Fourth and Sixth Amendment Claims in Habeas Practice,” NYLJ, July 9) that it committed a “flagrant mistake of law” in People v. Capellan1 by “contravening clear Supreme Court precedent that gave the defendant standing to contest an apartment search as an overnight guest.” True, I am an associate justice of that very court, but the cynical cannot question my impartiality on that ground. After all, I was not a member of the court 20 years ago when People v. Capellan was decided.

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