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People v. Butler

Appellate Division of the Supreme Court of New York, First Department
Jun 11, 1992
184 A.D.2d 305 (N.Y. App. Div. 1992)

Opinion

June 11, 1992

Appeal from the Supreme Court, New York County, Harold J. Rothwax, J.


Upon a review of the record of the suppression hearing, we agree with the hearing court's conclusion that defendant abandoned the bag in which the police discovered 40 vials of crack. By first attempting to conceal the small paper bag once he made eye contact with the uniformed police officers, and then discarding it by throwing it to the ground behind him and attempting to distance himself from it by walking away, defendant clearly evinced an intent to abandon the property (People v Boodle, 47 N.Y.2d 398, 402, cert denied 444 U.S. 969; People v Diaz, 180 A.D.2d 415), rather than to temporarily deposit it (People v. Campbell, 160 A.D.2d 363, affd 76 N.Y.2d 921) or deliberately secrete it from the police (People v. Kelly, 172 A.D.2d 458, affd 79 N.Y.2d 899). Moreover, since the recovery of the drugs was not a consequence of the momentary detention or seizure of defendant, but was wholly independent thereof, suppression would not be warranted even if the seizure was unreasonable (People v. Milaski, 62 N.Y.2d 147, 156; see also, People v. Rogers, 52 N.Y.2d 527, 532-533, cert denied 454 U.S. 898, reh denied 459 U.S. 898).

Concur — Sullivan, J.P., Milonas, Ross, Asch and Kassal, JJ.


Summaries of

People v. Butler

Appellate Division of the Supreme Court of New York, First Department
Jun 11, 1992
184 A.D.2d 305 (N.Y. App. Div. 1992)
Case details for

People v. Butler

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. IVORY BUTLER, Appellant

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

Date published: Jun 11, 1992

Citations

184 A.D.2d 305 (N.Y. App. Div. 1992)
584 N.Y.S.2d 564

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