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People v. Banker

Appellate Division of the Supreme Court of New York, Second Department
Nov 16, 1992
187 A.D.2d 602 (N.Y. App. Div. 1992)

Opinion

November 16, 1992

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


Ordered that the judgment is affirmed.

The defendant argues that the court erred when it denied, without a hearing, the branch of his omnibus motion which was to suppress burglars' tools. We disagree.

In support of the motion, the defendant's attorney filed an affirmation alleging that the defendant was arrested one block from the scene of the alleged crime and that a screwdriver, crowbar, and flashlight belonging to the defendant were recovered from under a piece of cardboard where the defendant had placed them earlier. The People responded by alleging that the defendant was arrested as he was partially through a window of a bar from which he was escaping and that the burglars' tools were found on the windowsill.

While the allegations create a factual dispute, we find that the defendant did not have a reasonable expectation of privacy in the tools, which were either hidden under a piece of cardboard on a public street, as the defendant contends (see, People v Goodwine, 177 A.D.2d 708), or in plain view on a windowsill, as the People contend.

The sentence imposed by the court was not excessive (see, People v Suitte, 90 A.D.2d 80). Thompson, J.P., Eiber, Copertino and Pizzuto, JJ., concur.


Summaries of

People v. Banker

Appellate Division of the Supreme Court of New York, Second Department
Nov 16, 1992
187 A.D.2d 602 (N.Y. App. Div. 1992)
Case details for

People v. Banker

Case Details

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

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

Date published: Nov 16, 1992

Citations

187 A.D.2d 602 (N.Y. App. Div. 1992)

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