Opinion
97-02382, 97-05795
Argued January 8, 2002
May 28, 2002.
Appeals by the defendant from (1) a judgment of the County Court, Nassau County (Kowtna, J.), rendered February 11, 1997, convicting him of criminal sale of a controlled substance in the third degree (four counts), criminal possession of a controlled substance in the third degree (six counts), criminal possession of a weapon in the first degree (two counts), and criminal possession of a weapon in the third degree (five counts), upon a jury verdict, and imposing sentence, and (2) a resentence of the same court, imposed June 4, 1997.
Wayne P. Jordan, New Hyde Park, N.Y., for appellant.
Denis Dillon, District Attorney, Mineola, N.Y. (Lawrence J. Schwarz and Douglas Noll of counsel), for respondent.
A. GAIL PRUDENTI, P.J., FRED T. SANTUCCI, SONDRA MILLER, WILLIAM D. FRIEDMANN, JJ.
DECISION ORDER
ORDERED that the judgment and the resentence are affirmed.
At the time of the arrest in this matter, the defendant's right to counsel had not indelibly attached (see People v. Bing, 76 N.Y.2d 331). Accordingly, his knowing, intelligent, and voluntary waiver of his right to counsel was effective.
The County Court correctly denied the defendant's request for a Mapp hearing (see Mapp v. Ohio, 367 U.S. 643). The defendant's own Grand Jury testimony demonstrated his lack of standing to contest the search of the subject premises pursuant to a warrant (see People v. Wesley, 73 N.Y.2d 351; People v. Coston, 270 A.D.2d 496), and the possessory charges of which he was convicted were not predicated upon the operation of a statutory presumption (see People v. Tejada, 81 N.Y.2d 861).
The defendant's remaining contentions are without merit.
PRUDENTI, P.J., SANTUCCI, S. MILLER and FRIEDMANN, JJ., concur.