Opinion
June 23, 1986
Appeal from the County Court, Westchester County (Nastasi, J.).
Judgment affirmed.
After excluding the periods of delay caused by the resolution of the defendant's motions and continuances requested by the defendant and excluding those periods when the defendant himself was not ready for trial, the County Court correctly concluded that the People had brought the defendant to trial within the 120-day period required by CPL 580.20 article IV (c) (see, People v. Torres, 60 N.Y.2d 119; People v. Lambert, 92 A.D.2d 550, affd 61 N.Y.2d 978; People v. Rivera, 84 A.D.2d 541).
The defendant has failed to sustain his burden of showing that his arrest was illegal because it was effectuated without a warrant. The credible evidence adduced at the pretrial hearing showed that he was arrested in another person's apartment and he failed to show that he had a reasonable expectation of privacy in those premises (see, People v. Ponder, 54 N.Y.2d 160; People v Farinaro, 110 A.D.2d 653).
We have reviewed the defendant's remaining contentions and have determined that they are without merit. Gibbons, J.P., Brown, Weinstein and Kooper, JJ., concur.