Opinion
May 28, 1985
Appeal from the Supreme Court, Kings County (Ramirez, J.).
Judgment affirmed.
Defendant cannot be heard on appeal to assert standing to challenge a warrantless search, where he testified at the suppression hearing that he was an invitee on the searched premises. Defendant's own testimony negated any privacy interest in the searched premises and, accordingly, he failed to meet his burden of proof to establish standing ( see, People v. Ponder, 54 N.Y.2d 160; United States v. Salvucci, 448 U.S. 83).
Defendant also challenges the sufficiency of the evidence to support his conviction of criminal possession of a controlled substance in the first degree. We find the evidence was sufficient to prove beyond a reasonable doubt that defendant knowingly and unlawfully possessed more than four ounces of cocaine (Penal Law § 220.21).
Accordingly, we affirm the judgment of conviction. Lazer, J.P., Thompson, O'Connor and Niehoff, JJ., concur.