Opinion
April 5, 1999
Appeal from the County Court, Westchester County (Cirigliano, J.).
Ordered that the judgment is affirmed.
On September 21, 1995, police officers saw the defendant hand cocaine to another person in exchange for money. After the officers apprehended the buyer and recovered the cocaine from him, they arrested the defendant.
The defendant contends that his arrest was unlawful since it was the product of the illegal arrest of the buyer. This contention is unpreserved for appellate review, since the defendant never raised this issue at the suppression hearing (see, CPL 470.05; People v. Cea, 237 A.D.2d 617). In any event, the defendant correctly conceded that he lacked standing to raise an issue as to the violation of the buyer's right to be free from unreasonable searches and seizures (see, People v. Henley, 53 N.Y.2d 403, 407; People v. Aguirre, 220 A.D.2d 438; People v. Irby, 162 A.D.2d 714, 715).
Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
Mangano, P. J., Bracken, Joy and Krausman, JJ., concur.