Opinion
May 5, 1997
Appeal from the Supreme Court, Kings County (Juviler, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's argument, the People may raise on the instant appeal the issue of the defendant's lack of standing to challenge the issuance of a search warrant (see, People v. Jackson, 207 A.D.2d 805). The record indicates that the defendant was merely an occasional visitor in the apartment which was searched pursuant to the warrant. Accordingly, he lacked standing to challenge the search warrant and to demand a Darden hearing (see, People v. Darden, 34 N.Y.2d 177), since he had no legitimate expectation of privacy in the premises searched (see, People v. Wesley, 73 N.Y.2d 351; People v. Jackson, supra; People v. Melendez, 160 A.D.2d 739).
Mangano, P.J., Rosenblatt, Santucci and Joy, JJ., concur.