Opinion
June 2, 1989
Appeal from the Monroe County Court, Connell, J.
Present — Dillon, P.J., Callahan, Balio, Lawton and Davis, JJ.
Order unanimously reversed on the law and motion denied. Memorandum: The trial court's sole basis for granting defendant standing to challenge the legality of the search warrant executed at 535 Brown Street, Rochester, New York, was our decision in People v. Wesley ( 139 A.D.2d 946). In light of the Court of Appeals reversal in that case (People v. Wesley, 73 N.Y.2d 351), it follows that defendant lacks standing to challenge the legality of this search.