Opinion
January 21, 1986
Appeal from the Supreme Court, Queens County (Clabby, J.).
Judgment affirmed.
The evidence, as adduced at the Mapp hearing, supported the hearing court's determination that probable cause to arrest defendant was established. The arresting officers were acting pursuant to a radio transmission received from an undercover officer who personally observed defendant's participation in the drug transaction for which he was arrested (cf. People v King, 113 A.D.2d 905). In any event, defendant lacks standing to seek the suppression of the physical evidence herein, which was obtained from the person of an accomplice. Fourth Amendment rights are personal in nature and cannot be vicariously asserted (Rakas v Illinois, 439 U.S. 128, 133-134; People v Cacioppo, 104 A.D.2d 559, 560). In light of the foregoing, defendant may not challenge the search of his accomplice, which revealed the "prerecorded buy money" utilized in making the drug purchase.
Defendant has failed to preserve for appellate review the issue of the sufficiency of the plea allocution (see, People v Hoke, 62 N.Y.2d 1022; People v Pellegrino, 60 N.Y.2d 636; People v Gonzalez, 110 A.D.2d 909). In any event, the record demonstrates that defendant knowingly, voluntarily and intelligently pleaded guilty (see, People v Harris, 61 N.Y.2d 9). Finally, the sentence imposed was that which was promised when the plea was accepted, and was not harsh or excessive (see, People v Kazepis, 101 A.D.2d 816). Lazer, J.P., Rubin, Kunzeman and Kooper, JJ., concur.