Opinion
February 7, 2001.
Appeal from Judgment of Wayne County Court, Kehoe, J. — Murder, 2nd Degree.
PRESENT: GREEN, J.P., WISNER, SCUDDER, BURNS AND LAWTON, JJ.
Judgment unanimously affirmed.
Memorandum:
County Court properly denied that part of defendant's motion seeking suppression of evidence seized from the victim's apartment pursuant to an allegedly invalid search warrant and evidence subsequently obtained as the allegedly tainted fruits of the illegal search and seizure at the victim's apartment. The record supports the court's determination that defendant lacks standing to challenge the legality of the search and seizure at the victim's apartment because he had moved out of the apartment prior to the execution of the warrant and had no reasonable expectation of privacy in the premises ( see, People v. Glenn, 140 A.D.2d 623, lv denied 72 N.Y.2d 918; see also, People v. Thurman, 262 A.D.2d 987, 988, lv denied 94 N.Y.2d 830; People v. Orlando, 223 A.D.2d 927, lv denied 88 N.Y.2d 851). The sentence is not unduly harsh or severe.