People v McCullum, 34 NY3d 1022 (2019)

2019 NY Slip Op 08977 [34 NY3d 1022]
December 17, 2019
Court of Appeals

[*1]

The People of the State of New York, Respondent,
v
Ramee McCullum, Appellant.

Argued November 19, 2019; decided December 17, 2019

People v McCullum, 159 AD3d 8, affirmed.

{**34 NY3d at 1022} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. As defendant concedes, he failed to preserve the only argument that he now raises on appeal—namely, his standing to challenge the police search of his property on the ground that he{**34 NY3d at 1023} retained a reasonable expectation of privacy as a bailor following the New York City Marshal’s legal possession of the apartment where he resided. On the facts of this case, we reject defendant’s contention that an exception to the preservation rule applies. Accordingly, no question of law is presented for our review (see CPL 470.05 [2]; People v Wallace, 27 NY3d 1037, 1038 [2016]).

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.

Order affirmed, in a memorandum.