Opinion
Argued October 16, 1980
Decided November 13, 1980
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, WILLIAM C. BRENNAN, J.
William E. Hellerstein for appellant.
John J. Santucci, District Attorney (Aley Z. Alexander of counsel), for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed.
The affirmed finding that defendant's room was not exclusively within his control is supported by sufficient evidence in the record and is therefore beyond our review (cf. People v Alexander, 37 N.Y.2d 202). The contention that the defendant's brother-in-law had no authority over the defendant's room was not raised at the hearing and, having not been preserved, may not be considered on this appeal (cf. People v Tutt, 38 N.Y.2d 1011).
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.
Order affirmed in a memorandum.