Judgment unanimously affirmed. Memorandum: When this appeal was previously before this Court, we reserved decision and remitted the matter for a reconstruction hearing to determine whether Sandoval and/or Ventimiglia hearings were held and, if so, whether defendant was present (People v Daniel, 203 AD2d 968). The record of the reconstruction hearing establishes that no Sandoval hearing was required because the prosecutor agreed before trial not to question defendant concerning his conviction for driving while ability impaired (Vehicle and Trafile Law § 1192 [1]), and defendant had no other convictions. Defendant was not present at a pretrial conference when the court ruled that the prosecutor would not be permitted to introduce evidence of defendant’s prior bad acts or
There is no merit to the contention that the prosecutor improperly obtained telephone records, tax returns and court records to be used at defendant’s trial. Defendant lacks standing to challenge the seizure of documents that are maintained by third parties because he has no privacy interest in them (see, Fisher v United States, 425 US 391; People v Di Raffaele, 55 NY2d 234, 242; People v Orzel, 192 AD2d 818, 819; People v Doe, 96 AD2d 1018, 1019). We reject the contention that the court’s evidentiary rulings impeded defendant’s ability to present a defense. Defendant’s statements to the victim’s brother were properly admitted because the brother was not an agent of the police (see, People v Cardona, 41 NY2d 333, 335). The evidence, viewed in the light most favorable to the People (see, People v Contes, 60 NY2d 620, 621), is sufficient to support defendant’s conviction of murder in the second degree (Penal Law § 125.25 [1]).
We have reviewed the remaining contentions raised by defendant and find them to be lacking in merit. (Resubmission of Appeal from Judgment of Onondaga County Court, Burke, J.—Murder, 2nd Degree.) Present—Green, J. P., Pine, Balio, Fallon and Doerr, JJ.