PEOPLE v. FABELO


277 A.D.2d 130 (2000)

717 N.Y.S.2d 98

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANCISCO A. FABELO, Appellant.

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

Decided November 28, 2000.


Defendant's suppression motion was properly denied. The court correctly found that defendant lacked standing to challenge the search of the grate on the street into which the police had seen him drop narcotics. Defendant lacked any reasonable expectation of privacy in the grate, in that it was visible and accessible to the public and defendant had no right to exclude others (People v Ramirez-Portoreal, 88...

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