Contrary to the conclusion reached by the Supreme Court, the record clearly establishes that the purse containing narcotics, which the officer saw in the defendant's hand prior to its landing on the ground, was abandoned by the defendant, the only person in the vicinity in which the purse was recovered. The defendant neither carefully placed the purse on the ground nor made any attempt to retrieve it once it had fallen (see, People v Marrero,
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PEOPLE v. PHELPS
192 A.D.2d 483 (1993)
597 N.Y.S.2d 30
The People of the State of New York, Appellant, v. Daryl Phelps, Respondent
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
April 29, 1993
April 29, 1993
Appellate Division of the Supreme Court of the State of New York, First Department.
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