PEOPLE v. BROWNING


253 A.D.2d 888 (1998)

678 N.Y.S.2d 332

The People of the State of New York, Respondent, v. Timothy Browning, Appellant

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

September 28, 1998


Ordered that the judgment is affirmed.

Assuming for purposes of the suppression motion that the defendant's allegations were true and that the contraband was located beneath a crate on which the defendant was seated, the suppression court properly denied the motion without a hearing. The defendant failed to allege in his motion papers that he exercised any expectation of privacy in the crate that was searched (see, People v Mendoza,

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