Opinion
May 29, 1990
Appeal from the Supreme Court, Kings County (G. Aronin, J.).
Ordered that the judgment is affirmed.
We find that the hearing court properly denied suppression of the physical evidence. The record clearly establishes that the landlord, acting on his own initiative and as a private citizen, performed the search which uncovered the stolen property and led to the defendant's arrest. It is well settled that the proscriptions of the Fourth Amendment are inapplicable to citizens whose actions are private in nature (see, People v Ray, 65 N.Y.2d 282; People v. Hairston, 144 A.D.2d 383; People v Miller, 137 A.D.2d 626, 628-629). Lawrence, J.P., Kunzeman, Kooper and Harwood, JJ., concur.