Appellate Division of the Supreme Court of the State of New York September 23, 2002 (People v. Sanford)

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 apartment where he was apprehended. Therefore, he lacked standing to challenge the validity of the search (see People v Rodriguez, 69 NY2d 159; People v Abreu, 239 AD2d 424).