In People v. McCurdy, 86 A.D.2d 493, 450 N.Y.S.2d 507 (2d Dept. 1982), the Court found that a hallway located in a locked brownstone was considered a part of a person's "dwelling" for the purposes of Penal Law 35.15(2). The holding in McCurdy is clearly not applicable to the facts in this case because it dealt with the definition of a "dwelling" with respect to the defense of justification and the absence of a duty to retreat from imminent deadly physical force. Thus, it is certainly not controlling on the issue of whether a defendant has standing to challenge a search pursuant to the Fourth Amendment. For the purposes of Article 35 of the Penal Law, a "dwelling" is defined as a "building which is usually occupied by a person lodging therein at night." See P.L. 35.20(4); 140.00(3). This definition is broad in nature, appearing to encompass an entire building and consequently, all common areas within. By comparison, Appellate courts have applied a much stricter definition of one's "home" for Fourth Amendment purposes, denying defendants standing to challenge the search of common areas of their building where access is substantially unrestricted. See: People v. Powell, 54 N.Y.2d 524, 446 N.Y.S.2d 232, 430 N.E.2d 1285 (1981); People v. Bilsky. 261 A.D.2d 174, 691 N.Y.S.2d 388 (1st Dept. 1999).