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PEOPLE v. HOLMES

Appellate Division of the Supreme Court of New York, Second Department.
Mar 29, 2004
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DECISION ORDER

ORDERED that the judgment is affirmed.

"A defendant seeking suppression of evidence has the burden of establishing standing by demonstrating a legitimate expectation of privacy in the * * * object searched" ( People v. Ramirez-Portoreal, 88 N.Y.2d 99, 108). Since the defendant did not have a legitimate expectation of privacy in the subject property, the Supreme Court properly concluded that he lacked standing to contest the search ( see People v. Ramirez-Portoreal, supra; People v. Green, 258 A.D.2d 531, 532; People v. Corbin, 238 A.D.2d 437).

The defendant's remaining contentions either are unpreserved for appellate review or without merit.

FLORIO, J.P., SCHMIDT, MASTRO and RIVERA, JJ., concur.