People v. Riley

—Judgment, Supreme Court, New York County (Rose Rubin, J.), rendered May 24, 1990, convicting the defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him to a term of 5 years probation, unanimously affirmed.

The IAS Court correctly refused to suppress the gun recovered by the undercover police officer. The officer’s presence in the building and in the C hallway did not violate any privacy right or other right of defendant (People v Hazel, 194 AD2d 440 ) and his following defendant into an unoccupied apartment similarly did not violate any right of defendant (see, People v Hollman, 79 NY2d 181 ). It was in the unoccupied apartment where defendant had no expectation of privacy (see, People Marzan, 161 AD2d 416 , lv denied 76 NY2d 860 ) that he intentionally abandoned the weapon (see, People v Boodle, 47 NY2d 398 , 404, cert denied 444 US 969 ). Concur — Wallach, J. P., Ross, Rubin, Nardelli and Williams, JJ. [As amended by unpublished order entered June 21, 1994.]