Opinion
Argued February 17, 2000
March 30, 2000
Appeal by the defendant from a judgment of the Supreme Court, Queens County (McGann, J.), rendered March 3, 1997, convicting him of manslaughter in the first degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress physical evidence.
M. Sue Wycoff, New York, N.Y. (Jeffrey I. Richman of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Johnnette Traill of counsel; Sabine L. Noisette on the brief), for respondent.
FRED T. SANTUCCI, J.P., DANIEL W. JOY, WILLIAM C. THOMPSON, GLORIA GOLDSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant failed to establish that he had standing to contest the search of his grandfather's home (see, People v. Guo Yan Zheng, 266 A.D.2d 471 [2d Dept., Nov. 22, 1999]; People v. King, 242 A.D.2d 736 ;People v. Freeman, 220 A.D.2d 369 ; People v. Bandera, 166 A.D.2d 657 ). Accordingly, that branch of his motion which was to suppress the gun found at that location was properly denied (see, People v. Tejada, 81 N.Y.2d 861 ; People v. Butler, 80 A.D.2d 644 ).
The defendant's remaining contentions are without merit.
SANTUCCI, J.P., JOY, THOMPSON, and GOLDSTEIN, JJ., concur.