PEOPLE v. FIELDS

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

Defendant appeals from a judgment convicting him following a jury trial of two counts of criminal possession of a weapon in the third degree (Penal Law § 265.02, [former (4)]). Supreme Court properly determined that defendant lacked standing to challenge the search of his girlfriend's apartment and denied defendant's suppression motion without conducting a hearing. Defendant's motion papers, which included an affirmation of defense counsel alleging that defendant was an "occasional resident" of the apartment and kept some clothing there, failed to contain sworn allegations of fact sufficient to raise an issue of fact with respect to standing ( see CPL 710.60 [b]; People v. Thurman, 262 A.D.2d 987, lv denied 94 N.Y.2d 830; see also People v. Conway, 277 A.D.3d 1020, lv denied 96 N.Y.2d 782; People v. Bostick, 151 A.D.2d 768, 770; People v. McGaha, 144 A.D.2d 388, 389). In view of defendant's extensive criminal record, we conclude that the sentence is neither unduly harsh nor severe.