Appeal by defendant from a judgment of the Supreme Court, Kings County (Murray, J.), rendered December 15, 1982, convicting him of attempted criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing (DeLury, J.), of a motion to suppress certain evidence.
Judgment affirmed.
A review of the record establishes that Criminal Term properly denied defendant’s motion to suppress evidence. The police’s entry into the apartment where defendant’s arrest took place violated no reasonable expectation of privacy of defendant and, therefore, he lacks standing to contest the absence of a search warrant. In any event, the entry was justified by the report of a
Defendant’s remaining contention concerning the constitutionality of Penal Law § 70.04 has not been preserved for review and, in any event, is meritless (e.g., People v Cates, 104 AD2d 895). Titone, J. P., Thompson, O’Connor and Eiber, JJ., concur.