People v. ProdromidisPeople v. Prodromidis
Appeal from a judgment of the County Court of Tioga County (Sgueglia, J.), rendered June 11, 1999, convicting defendant upon his plea of guilty of the crime of criminal possession of marihuana in the second degree.
In October 1998, police officers entered a residence occupied by defendant and seized a quantity of marihuana pursuant to a search warrant. Defendant was subsequently indicted for the crime of criminal possession of marihuana in the second degree. Thereafter, he made a pro se omnibus motion to, inter alia, suppress evidence seized pursuant to a search warrant which County Court denied without a hearing. Subsequently, defendant pleaded guilty to the charge and was sentenced as a second felony offender to a prison term of 2V4 to 4V2 years. Defendant now appeals.
Initially, we find no merit to defendant’s claim that County Court erroneously denied his suppression motion. In support of the motion, defendant averred that there was no evidence to substantiate the fact that he resided at the apartment where the search warrant was executed. Inasmuch as defendant failed to demonstrate a legitimate expectation of privacy in the apartment so as to confer standing upon him to challenge the search warrant, we find no error in County Court’s summary disposition (see, People v Christian,
While defendant also asserts that he was denied his right to testify before the Grand Jury (see, CPL 190.50 [5] [a]), he waived that claim by pleading guilty (see, People v Chappelle,