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PEOPLE v. BIMENTEL

254 A.D.2d 208 (1998)

679 N.Y.S.2d 125

The People of the State of New York, Respondent, v. Jesus Bimentel, Appellant

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

October 27, 1998

Defendant's suppression motion was properly denied. By placing a package under a parked car and walking away, defendant "demonstrated neither a subjective nor an objective expectation of privacy" (People v Sosa, 246 A.D.2d 387, 388, lv denied 91 N.Y.2d 945). In any event, defendant voluntarily abandoned the bag (supra).

As the People correctly concede, the conviction should be replaced as indicated in order...

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