Opinion
December 1, 1997
Appeal from the Supreme Court, Kings County (Lewis, J.).
Ordered that the judgment is affirmed.
The court properly denied, without a hearing, that branch of the defendant's omnibus motion which was to suppress physical evidence. The defendant had failed to make sufficient factual allegations of standing to contest the search ( see, People v. Mendoza, 82 N.Y.2d 415) and thereby lost his right to object to the search of the bag which was found to contain 30 vials of crack cocaine ( see, CPL 710.40; cf., People v. Martinez, 80 N.Y.2d 444, 449).
We find that the charge, as a whole, did not undermine the defense or place the defendant "in the midst of contradictory defenses" ( People v. DeGina, 72 N.Y.2d 768, 777).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
Bracken, J. P., Rosenblatt, Copertino and Luciano, JJ., concur.