Opinion
March 25, 1985
Appeal from the Supreme Court, Kings County (Pincus, J.).
Judgment affirmed.
Defendant failed to meet his burden of showing a reasonable expectation of privacy in the "gypsy cab" of which he was an occupant at the time of his arrest, and therefore lacks standing to challenge the subsequent search of that vehicle ( People v Cacioppo, 104 A.D.2d 559). Defendant's argument is, in any event, without merit ( see, People v. Belton, 55 N.Y.2d 49). We further find that the misconduct of the prosecutrix was, in light of the overwhelming evidence of guilt, harmless, and that the trial court did not, as defendant contends, unduly interject itself into the proceedings. Mangano, J.P., Gibbons, Brown and Lawrence, JJ., concur.