People v Harris

People v Harris 2009 NY Slip Op 09042 [68 AD3d 783] December 1, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

The People of the State of New York, Respondent,
v
Robert Harris, Appellant.

—[*1] John R. Lewis, Sleepy Hollow, N.Y., for appellant.

Janet DiFiore, District Attorney, White Plains, N.Y. (Joseph A. Barca III, Valerie A. Livingston, and Anthony J. Servino of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Adler, J.), rendered December 6, 2007, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of those branches of the defendant's omnibus motion which were to suppress physical evidence and identification testimony.

Ordered that the judgment is affirmed.

The branch of the defendant's omnibus motion which was to suppress physical evidence was properly denied. The defendant did not sustain his burden of showing that he had a reasonable expectation of privacy in the premises searched so as to have standing to challenge the warrantless search (see People v Sanford, 297 AD2d 759 [2002]; People v Rosario, 277 AD2d 943 [2000]; People v Craig, 155 AD2d 550 [1989]).

As the People did not offer identification testimony at the trial from the witness who made a showup identification, the defendant's contention that the court erred in denying that branch of his omnibus motion which was to suppress this identification testimony is academic (see People v Frantz, 1 AD3d 455, 456 [2003]; People v Pena, 300 AD2d 132 [2002]). Dillon, J.P., Florio, Miller and Angiolillo, JJ., concur.