PEOPLE v. KELLY


172 A.D.2d 458 (1991)

The People of the State of New York, Appellant, v. Dave Kelly, Respondent

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

April 30, 1991


In this People's appeal, which challenges the grant of defendant's motion to suppress physical evidence, the issue is whether the People's proof was sufficient to establish an unequivocal intent to abandon the property seized. Upon examination of the record, we conclude that it was not.

At approximately 11:30 P.M. on June 18, 1990, P.O. Enrique Calderin was on uniform patrol in a marked police car driven by his partner, P.O. Brian Fleming. As the eastbound patrol...

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