DECISION ORDER
ORDERED that the judgment and the resentence are affirmed.
At the time of the arrest in this matter, the defendant's right to counsel had not indelibly attached (see People v. Bing, 76 N.Y.2d 331). Accordingly, his knowing, intelligent, and voluntary waiver of his right to counsel was effective.
The County Court correctly denied the defendant's request for a Mapp hearing (see Mapp v. Ohio, 367 U.S. 643). The defendant's own Grand Jury testimony demonstrated his lack of standing to contest the search of the subject premises pursuant to a warrant (see People v. Wesley, 73 N.Y.2d 351; People v. Coston, 270 A.D.2d 496), and the possessory charges of which he was convicted were not predicated upon the operation of a statutory presumption (see People v. Tejada, 81 N.Y.2d 861).
The defendant's remaining contentions are without merit.
PRUDENTI, P.J., SANTUCCI, S. MILLER and FRIEDMANN, JJ., concur.