Opinion
May 10, 2000.
Appeal from Order of Supreme Court, Onondaga County, Brunetti, J. — Suppression.
Order unanimously reversed on the law, motion denied and matter remitted to Supreme Court for further proceedings on the indictment.
PRESENT: PIGOTT, JR., P. J., GREEN, HURLBUTT, KEHOE AND BALIO, JJ.
Memorandum:
Supreme Court erred in granting the motion of defendant to suppress physical evidence seized from codefendant pursuant to a search warrant and communications intercepted pursuant to an eavesdropping warrant from the telephone line at the residence of defendant's grandfather. The change in the telephone number assigned to that residence from the number specified in the eavesdropping warrant application did not render the interception of communications from that line unauthorized ( see, People v. Darling, ___ A.D.2d ___ [decided Dec. 30, 1999]). Those lawfully intercepted communications provided probable cause to support the issuance of the search warrant ( see, People v. Darling, supra). Defendant, moreover, lacks standing to challenge the search of codefendant and the seizure of physical evidence pursuant to that warrant ( see, People v. Dawson [Robert], ___ A.D.2d ___ [decided Feb. 16, 2000]; People v. Cedeno, 193 A.D.2d 540, 541, lv denied 82 N.Y.2d 715).