Opinion
Argued September 12, 1983
Decided October 18, 1983
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, JOSEPH A. MAZUR, J.
Chester L. Mirsky for Miguel Cofresi, appellant.
Franklyn Gould for Alberto Cofresi, appellant.
Arthur M. Unterman for Heriberto Torres, appellant.
Mario Merola, District Attorney ( Alexandra Valicenti and Peter D. Coddington of counsel), for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed.
Having relied upon "automatic standing" at a time when the continued existence of that doctrine as a matter of State law was in serious question (see United States v Salvucci, 448 U.S. 83; People v Hansen, 38 N.Y.2d 17), and failed to offer at the suppression hearing proof of ownership or other reasonable expectation of privacy in the premises from which contraband was seized, defendants have not preserved for our review the search and seizure issues they now urge. Nor are they entitled to a second hearing on standing, having had the opportunity at the first hearing to litigate that question (see People v Havelka, 45 N.Y.2d 636).
Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.
Order affirmed in a memorandum.