Opinion
1999-00422
Submitted September 22, 2003.
November 10, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Flaherty, J.), rendered December 21, 1998, convicting him of murder in the second degree, robbery in the first degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, without a hearing, of that branch of the defendant's omnibus motion which was to suppress physical evidence.
Joseph C. Heinzmann, Jr., White Plains, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, and Jill Gross-Marks of counsel), for respondent.
Before: DAVID S. RITTER, J.P., ANITA R. FLORIO, SONDRA MILLER, DANIEL F. LUCIANO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the Supreme Court properly denied, without a hearing, that branch of his motion which was to suppress money recovered from stereo speakers in his girlfriend's apartment as being the fruit of an illegal warrantless search. Even assuming, arguendo, that the defendant established standing to seek suppression of the evidence ( see People v. Ramirez-Portoreal, 88 N.Y.2d 99; People v. Ponder, 54 N.Y.2d 160), his motion papers, including those submitted on reargument, failed to controvert or even address the People's contention that the search was conducted pursuant to the valid consent of the defendant's girlfriend ( see CPL 710.60[b]; People v. Obee, 299 A.D.2d 426, lv denied 99 N.Y.2d 584; see also People v. Mendoza, 82 N.Y.2d 415; People v. Kennedy, 284 A.D.2d 346).
The defendant's remaining contentions either are unpreserved for appellate review or without merit.
RITTER, J.P., FLORIO, S. MILLER and LUCIANO, JJ., concur.