Opinion
November 22, 1993
Appeal from the Supreme Court, Kings County (Demarest, J.).
Ordered that the order is reversed insofar as appealed from, on the law, those branches of the omnibus motions of the defendants Marie Lourens, John McIlwain, and Charles Richards which were to suppress physical evidence are denied, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent herewith.
We agree with the People that the defendants failed to establish a reasonable expectation of privacy in the property that was the subject of the search. Therefore, the defendants are without standing to contest the validity of that search and the resulting seizure of physical evidence found inside a safe (see, People v Tejada, 81 N.Y.2d 861; People v Wesley, 73 N.Y.2d 351; People v Ponder, 54 N.Y.2d 160). Bracken, J.P., Balletta, Miller and Pizzuto, JJ., concur.