Opinion
November 21, 1994
Appeal from the Supreme Court, Queens County (Linakis, J.).
Ordered that the judgment is affirmed.
The defendant lacks standing to challenge the police officers' entry into the basement social club where the defendant was allegedly employed; nor did the defendant have a reasonable expectation of privacy in the area behind some speakers in the basement party room where, in one of the officers' plain view, he attempted to conceal a firearm (see, People v. Ponder, 54 N.Y.2d 160; People v. Holland, 155 Misc.2d 964; People v. Norberg, 136 Misc.2d 550). In any event, the officers were responding to a radio report that 10 shots had been fired in the basement at 116-37 Sutphin Boulevard, so that their expeditious entry into the club without a warrant was justified because they had reasonable grounds to believe that an emergency existed there (People v. Mitchell, 39 N.Y.2d 173, cert denied 426 U.S. 953; People v. DePaula, 179 A.D.2d 424, 426; People v. Barrows, 170 A.D.2d 611; People v. Mato, 160 A.D.2d 435, 438). Bracken, J.P., Lawrence, Friedmann and Goldstein, JJ., concur.