Opinion
2017-07226, 2017-07227 Ind. Nos. 5829/16, 8063/16
05-20-2020
The PEOPLE, etc., Respondent, v. David GILMORE, Appellant.
Janet E. Sabel, New York, N.Y. (Whitney Elliott of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Thomas M. Ross, and Andrew Ayala of counsel), for respondent.
Janet E. Sabel, New York, N.Y. (Whitney Elliott of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Thomas M. Ross, and Andrew Ayala of counsel), for respondent.
ALAN D. SCHEINKMAN, P.J., LEONARD B. AUSTIN, SYLVIA O. HINDS–RADIX, PAUL WOOTEN, JJ.
DECISION & ORDER
ORDERED that the judgments are affirmed.
We agree with the Supreme Court's determination to deny that branch of the defendant's omnibus motion which was to suppress physical evidence without conducting a hearing (see CPL 710.60[3][a] ). The defendant failed to allege facts that, if true, establish that he had standing to challenge the warrantless entry and subsequent search of the subject apartment (see People v. Burton , 6 N.Y.3d 584, 587, 815 N.Y.S.2d 7, 848 N.E.2d 454 ). The defendant's allegations failed to show any connection to the listed residents or any other indicia of a legitimate or recognizable connection to the apartment (see People v. Rodriguez , 69 N.Y.2d 159, 164–165, 513 N.Y.S.2d 75, 505 N.E.2d 586 ; People v. Melendez , 160 A.D.2d 739, 553 N.Y.S.2d 808 ; see also People v. Stanley , 50 A.D.3d 1066, 1067, 856 N.Y.S.2d 221 ).
Contrary to the defendant's contention, the sentences imposed were not excessive (see People v. Suitte , 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
SCHEINKMAN, P.J., AUSTIN, HINDS–RADIX and WOOTEN, JJ., concur.