PEOPLE v. BUTLER


184 A.D.2d 305 (1992)

The People of the State of New York, Respondent, v. Ivory Butler, Appellant

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

June 11, 1992


Upon a review of the record of the suppression hearing, we agree with the hearing court's conclusion that defendant abandoned the bag in which the police discovered 40 vials of crack. By first attempting to conceal the small paper bag once he made eye contact with the uniformed police officers, and then discarding it by throwing it to the ground behind him and attempting to distance himself from it by walking away, defendant clearly evinced an intent to abandon the property...

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