PEOPLE v. REILLY


273 A.D.2d 143 (2000)

711 N.Y.S.2d 381

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MIKE REILLY, Appellant.

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

Decided June 22, 2000.


Defendant's suppression motion was properly denied. While we would find that defendant had no expectation of privacy in the area where the drugs were recovered, the record also supports the court's finding that when defendant placed a paper bag containing drugs in a hat that was lying on a wall running along a public sidewalk, and walked away until stopped by the police, defendant abandoned the bag (see, People v Ramirez-Portoreal, 88 N.Y.2d 99

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