Opinion
March 5, 1990
Appeal from the County Court, Westchester County (Silverman, J.).
Ordered that the judgment is affirmed.
The hearing court properly denied that branch of the defendant's omnibus motion which was to suppress physical evidence. Since the police officer who observed the defendant's action did not attempt to detain him until after his transfer of crack cocaine there is no issue concerning the propriety of the seizure (cf., People v Howard, 50 N.Y.2d 583). Moreover, the defendant had no reasonable expectation of privacy in the hallway of a public housing building (see, People v Farenga, 42 N.Y.2d 1092; People v Alberti, 111 A.D.2d 860; People v Crapo, 103 A.D.2d 943, affd 65 N.Y.2d 663). We further find that the arresting officer did not tailor his testimony at the suppression hearing (cf., People v Garafolo, 44 A.D.2d 86). Mangano, J.P., Kunzeman, Eiber and Harwood, JJ., concur.