Memorandum: Defendant appeals from a judgment convicting him following a jury trial of, inter alia, two counts of robbery in the first degree (Penal Law § 160.15 [1], [2]) and three counts of attempted murder in the first degree (§§ 110.00, 125.27 [1] [a] [vii]; [b]). We reject defendant’s contention that Supreme Court erred in refusing to suppress tangible evidence seized from his residence and any statements that he allegedly made during the search of that residence as the fruit of an unlawful search. In seeking suppression, defendant contended that police officers “illegally and improperly bypassed the requirement of obtaining a valid search warrant by masking the visit of the defendant’s residence and search of his room as a parole visit.” We conclude, however, that the search was “rationally and reasonably related to the performance of [the parole officer’s] duty as a parole officer” (People v Huntley, 43 NY2d 175, 179 [1977]; see People v Nappi, 83 AD3d 1592, 1593-1594 [2011], lv denied 17 NY3d 820 [2011]; People v Van Buren, 198 AD2d 533, 534 [1993], lv denied 83 NY2d 811 [1994]).
While investigating the robbery, police officers began to suspect that defendant, a parolee, was involved. At approximately 11:00 p.m. on the night of the robbery, the police officers
When the parole officer and police officers arrived at defendant’s residence, they were informed by a woman who identified herself as defendant’s aunt that defendant was not home. At that point it was apparent that defendant was in violation of his parole, and “the parole officer’s conduct in searching the [residence] for a possible explanation of [defendant’s] otherwise unexplained failure to [be present] was permissible” (Huntley, 43 NY2d at 182). While the parole officer and police officers were present at the residence, a person who identified himself as defendant telephoned the residence and was overheard making certain statements. Inasmuch as the search of the residence was lawful, there is no basis to suppress those statements.
We agree with defendant, however, that the court erred in admitting in evidence an inoperable handgun that was found during that search. It is undisputed that the gun, which was seized from the living room couch upon which defendant slept, was not the same gun that was used in the robbery. Although we concluded herein that the tangible evidence seized from defendant’s residence, which evidence included the gun, was not subject to suppression as the fruit of an unlawful search, we nevertheless conclude that the gun was not admissible under any Molineux exception. While the People contend that the gun was admissible to explain the statements made by defendant on the phone to his aunt, we reject that contention and conclude that the gun could not “logically be linked to [any] specific material issue in the case” (People v Hudy, 73 NY2d 40, 54 [1988]). We thus conclude that the probative force of that evidence did
Defendant further contends in his pro se supplemental brief that the court erred in denying his CPL 330.30 motion to set aside the verdict. We reject that contention. Defendant based his motion in part on the fact that the court improperly permitted the jury to view a CPL 710.30 document that had not been admitted in evidence. After learning of the error, the court alerted defense counsel to the issue, noting that “no harm” had resulted from the error because the contents of the document were duplicative of testimony offered during the course of the trial. Defense counsel raised no objection to the manner in which the court handled the error, and thus the court had no authority to grant the motion to set aside the verdict based on a contention raised for the first time in the motion (see CPL 330.30 [1]; People v Benton, 78 AD3d 1545, 1546 [2010], lv denied 16 NY3d 828 [2011]; see generally People v Carter, 63 NY2d 530, 536 [1984]). Finally, we reject defendant’s contention that the court should have granted his CPL 330.30 motion insofar as it alleged that defense counsel was ineffective for failing to seek a mistrial based on the error relating to the CPL 710.30 document. “It is well settled that defense counsel cannot be deemed ineffective for failing to ‘make a motion or argument that has little or no chance of success’ ” (People v Noguel, 93 AD3d 1319,