Opinion
799
April 15, 2003.
Judgment, Supreme Court, Bronx County (Ira Globerman, J. at suppression hearing; Norma Ruiz, J. at plea and sentence), rendered December 13, 2000, convicting defendant of reckless endangerment in the first degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.
Claris R. Sukkar, for respondent.
Martin M. Lucente, for defendant-appellant.
Before: Nardelli, J.P., Williams, Friedman, Marlow, Gonzalez, JJ.
Defendant's suppression motion was properly denied. Defendant failed to meet his burden of establishing that he had standing to contest the seizure of a pistol from his mother's bedroom closet since his connection to the apartment in general and to the closet in particular was tenuous, at best (see People v. Ortiz, 83 N.Y.2d 840; People v. Jose, 252 A.D.2d 401, 403, affd 94 N.Y.2d 844). In any event, we find, based on the totality of circumstances, that defendant's mother voluntarily consented to the search (People v. Hartley, 295 A.D.2d 159, lv denied 99 N.Y.2d 536). There is no basis for disturbing the hearing court's credibility determinations.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.