Opinion
2001-04726
Argued October 7, 2002.
October 28, 2002.
Appeal by the defendant from a judgment of the County Court, Nassau County (Honorof, J.), rendered April 16, 2001, convicting him of criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress physical evidence.
Kent V. Moston, Hempstead, N.Y. (Jeremy L. Goldberg and Ruth C. Stern of counsel), for appellant.
Denis Dillon, District Attorney, Mineola, N.Y. (Tammy J. Smiley and Andre K. Cizmarik of counsel), for respondent.
Before: NANCY E. SMITH, J.P., LEO F. McGINITY, DANIEL F. LUCIANO, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant failed to establish that he had a legitimate expectation of privacy in the stolen printer. Thus, he lacked standing to challenge the validity of the search of the printer (see People v. Ramirez-Portoreal, 88 N.Y.2d 99, 108-109; People v. Walker, 192 A.D.2d 734, 735; People v. Jaime, 171 A.D.2d 884, 885; People v. Metz, 168 A.D.2d 515, 516).
The defendant's remaining contentions are without merit.
SMITH, J.P., McGINITY, LUCIANO and CRANE, JJ., concur.