Opinion
Decided February 11, 1982
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN S. THORP, JR., J.
Barbara K. Friedman for appellant.
Denis Dillon, District Attorney ( Laurie Stein Hershey of counsel), for respondent.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [b]), order affirmed. Defendant lacks standing to challenge the seizure of the weapon, as the doctrine of "automatic standing" is unavailable ( People v Ponder, 54 N.Y.2d 160) and defendant is unable to demonstrate a reasonable expectation of privacy in the area searched (see Rakas v Illinois, 439 U.S. 128).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.