| People v Cruz |
| 2008 NY Slip Op 02467 [49 AD3d 391] |
| March 18, 2008 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Appellant, v Obdulis Cruz, Respondent. |
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Goldstein & Weinstein, Bronx (David J. Goldstein of counsel), for respondent.
Order, Supreme Court, New York County (William A. Wetzel, J.), entered on or about December 5, 2006, which granted defendant's motion to suppress physical evidence, unanimously reversed, on the law, the motion denied, and the matter remanded for further proceedings.
Defendant failed to establish at the hearing that he had a reasonable expectation of privacy in the basement area of the apartment building. Accordingly, he lacked standing to move to suppress the drugs and paraphernalia found in that basement (see People v Rodriguez, 69 NY2d 159 [1987]; People v Jose, 252 AD2d 401 [1998], affd 94 NY2d 844 [1999]). There was no evidence that this basement was the residence of defendant or anyone else, or that it was anything but a drug factory. Defendant's connection with the premises was either based solely on his illegal activity therein, or, as he claimed, was that of an occasional legitimate worker; neither was sufficient to establish standing. Concur—Lippman, P.J., Gonzalez, Sweeny and Catterson, JJ.