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PEOPLE v. THORPE

134 A.D.2d 467 (1987)

The People of the State of New York, Respondent, v. David Thorpe, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 16, 1987

Ordered that the judgment is affirmed.

The hearing court properly determined that the guns recovered in the area where the defendant had been pursued by the police constituted abandoned property. Since "[i]t is well settled * * * that `[p]roperty which has in fact been abandoned is outside the protection of the constitutional provisions' (People v Howard, 50 N.Y.2d 583, 592, cert denied 449 U.S. 1023)" (People v...

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