PEOPLE v. MERCHANT (1999)

Appeal by the People, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Browne, J.), dated July 11, 1997, as, after a hearing, granted that branch of the defendant's omnibus motion which was to suppress physical evidence seized from a mailbox.

ORDERED that the order is reversed insofar as appealed from, on the law, that branch of the omnibus motion which was to suppress physical evidence is denied, and the matter is remitted to the Supreme Court, Queens County, for further proceedings on the indictment.

The defendant challenges the search of a mailbox which was not located in his residence and in which he claims no possessory interest.   Accordingly, he failed to meet his burden of establishing standing to challenge that search (see, People v. Ramirez-Portoreal, 88 N.Y.2d 99, 108, 643 N.Y.S.2d 502, 666 N.E.2d 207;  cf., People v. Lilly, 211 A.D.2d 428, 621 N.Y.S.2d 56).   The fact that keys to the mailbox were found in his possession was insufficient to establish standing (see, People v. Vargas, 140 A.D.2d 472, 528 N.Y.S.2d 171).

MEMORANDUM BY THE COURT.