← Cases

People v. Sanchez

260 A.D.2d 298 Court N.Y. App. Div. Decision date 1999-04-27 English

Contents

Majority

p. 298
The People of the State of New York, Respondent, v Ivan Sanchez, Appellant.
[689 NYS2d 60]

—Judgment, Supreme Court, Bronx County (Dominic Massaro, J.), entered January 29, 1996, convicting defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

Defendant’s suppression motion was properly denied. The record supports the court’s finding that defendant abandoned a bag when he threw or dropped it near a parked car and walked away (see, People v Ramirez-Portoreal, 88 NY2d 99 ). Contrary to defendant’s argument, none of his actions suggested that he was hiding the bag out of fear of being robbed (see, People v Murray, 256 AD2d 116 ). Concur — Williams, J. P., Rubin, Mazzarelli, Saxe and Friedman, JJ.

Cases cited