Opinion
November 1, 1990
Appeal from the County Court of Broome County (Monserrate, J.).
County Court properly denied defendant's motion to suppress certain evidence seized at his apartment pursuant to a search warrant. Even if it is accepted that defendant had standing to challenge the use of the seized property at trial (cf., People v. Wesley, 73 N.Y.2d 351; see, Horton v. California, 496 US ___, 110 S Ct 2301), his constitutional rights were, nevertheless, not violated by the seizure of items not specified in the warrant. The warrant was valid, the evidence was in plain view and its incriminatory nature was readily apparent (see, People v. Watson, 100 A.D.2d 452). There was also no abuse of discretion in allowing a witness to testify as an expert as to the victim's failure to make earlier disclosures (see, People v. Benjamin R., 103 A.D.2d 663).
Judgment affirmed. Kane, J.P., Weiss, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.