| People v Smith |
| 2017 NY Slip Op 08139 [155 AD3d 1674] |
| November 17, 2017 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, v StanleySmith, Appellant. |
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Deborah K. Jessey of counsel), fordefendant-appellant.
John J. Flynn, District Attorney, Buffalo (David A. Heraty of counsel), for respondent.
Appeal from a judgment of the Supreme Court, Erie County (Penny M. Wolfgang, J.),rendered February 4, 2016. The judgment convicted defendant, upon his plea of guilty, ofcriminal possession of a weapon in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his guilty plea ofcriminal possession of a weapon in the second degree (Penal Law § 265.03 [3]).Supreme Court properly denied without a hearing that part of defendant's omnibus motionseeking suppression of physical evidence seized during a search of the subject residence.Defendant's motion did not contain sworn allegations of fact supporting the conclusion that hehas standing to contest the legality of the search of the residence (see CPL 710.60 [3][b]; see generally People v Brunson, 226 AD2d 1093, 1093-1094 [4th Dept 1996], lvdismissed 88 NY2d 981 [1996]). In support of his motion, defendant submitted his writtenstatement to the police in which he stated that he did not know the resident of the premisesinasmuch as he had just met her on the night in question, and that he was at the premises for thepurpose of socializing with her and other guests. Based on that statement, defendant was "nomore than a casual visitor having 'relatively tenuous ties' to the [premises]" and he thus lacksstanding to contest the legality of the search (People v Pope, 113 AD3d 1121, 1122 [4th Dept 2014], lvdenied 23 NY3d 1041 [2014], quoting People v Ortiz, 83 NY2d 840, 842 [1994]; see People v Gonzalez, 45 AD3d696, 696 [2d Dept 2007], lv denied 10 NY3d 811 [2008]).
In light of our determination, defendant's remaining contentions have been renderedacademic. Present—Centra, J.P., Peradotto, Carni, DeJoseph and Winslow, JJ.