People v. Gomez

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant’s suppression motion was supported by an affirmation of defense counsel which, on the issue of standing to challenge the warrantless search, referred only to an allegation in the felony complaint that the evidence was found "in defendant’s apartment”; defendant alleged no present possessory interest in the apartment. Counsel’s reference was insufficient as a factual assertion that defendant had an expectation of privacy in the area searched (see, CPL 710.60 [1]), so as to require a hearing (see,…