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People v. Alicia

Appellate Division of the Supreme Court of New York, Second Department
Sep 30, 1985
113 A.D.2d 944 (N.Y. App. Div. 1985)

Opinion

September 30, 1985

Appeal from the Supreme Court, Kings County (Hayes, J.).


Judgment affirmed.

Criminal Term's ruling was proper because defendant did not have an expectation of privacy in the vacant apartment from which the physical evidence was recovered by the police (see, United States v Salvucci, 448 U.S. 83; People v Cofresi, 60 N.Y.2d 728; People v Ponder, 54 N.Y.2d 160; People v Cacioppo, 104 A.D.2d 559). Furthermore, under the circumstances of this case, Criminal Term properly held that, upon seeing the officers approach, defendant entered the vacant apartment and attempted to divest himself of incriminating evidence, which was a calculated rather than a spontaneous act. Hence, defendant's shoulder bag and its contents constituted abandoned property which the officers were authorized to take into their possession. Lazer, J.P., O'Connor, Niehoff and Kooper, JJ., concur.


Summaries of

People v. Alicia

Appellate Division of the Supreme Court of New York, Second Department
Sep 30, 1985
113 A.D.2d 944 (N.Y. App. Div. 1985)
Case details for

People v. Alicia

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN ALICIA, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 30, 1985

Citations

113 A.D.2d 944 (N.Y. App. Div. 1985)

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