PEOPLE v. GARCIA


232 A.D.2d 272 (1996)

648 N.Y.S.2d 555

The People of the State of New York, Respondent, v. Raymond Garcia, Appellant

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

October 22, 1996


Defendant lacked standing to contest the seizure of the Kool cigarette box that he had deposited on the sidewalk near the curb. Even if defendant had a subjective expectation of privacy in a crumpled cigarette box lying on the sidewalk, "society would not accept that expectation as objectively reasonable" (People v Mims, 88 N.Y.2d 99, 113). Accordingly, the hearing court properly denied suppression of the cigarette box and the glassine...

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