Opinion
2012-02104, Ind. No. 969/11.
04-29-2015
The PEOPLE, etc., respondent, v. Jason LANCASTER, appellant.
Lynn W.L. Fahey, New York, N.Y. (Reyna E. Marder of counsel), for appellant, and appellant pro se. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Linda Breen of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Reyna E. Marder of counsel), for appellant, and appellant pro se.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Linda Breen of counsel), for respondent.
Opinion
Appeal by the defendant from a judgment of Supreme Court, Kings County (Guzman, J.), rendered February 16, 2012, convicting him of burglary in the second degree, petit larceny, and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress physical evidence.
ORDERED that the judgment is affirmed.
The suppression court correctly determined that the police had reasonable suspicion to stop the defendant based upon their observations (see People v. Martinez, 80 N.Y.2d 444, 591 N.Y.S.2d 823, 606 N.E.2d 951 ; People v. Cantor, 36 N.Y.2d 106, 365 N.Y.S.2d 509, 324 N.E.2d 872 ; People v. Lightfoot, 124 A.D.3d 802, 1 N.Y.S.3d 358 ; People v. Williams, 120 A.D.3d 1441, 992 N.Y.S.2d 438 ). The court also correctly determined that the police properly searched the bag that the defendant had been carrying because he abandoned it (see People v. Ramirez–Portoreal, 88 N.Y.2d 99, 643 N.Y.S.2d 502, 666 N.E.2d 207 ; People v. Oliver, 39 A.D.3d 880, 835 N.Y.S.2d 308 ). The defendant failed to establish that he was deprived of the effective assistance of counsel (see People v. Benevento, 91 N.Y.2d 708, 712–713, 674 N.Y.S.2d 629, 697 N.E.2d 584 ; People v. Baldi, 54 N.Y.2d 137, 444 N.Y.S.2d 893, 429 N.E.2d 400 ).
The defendant's remaining contentions, raised in his pro se supplemental brief, are without merit.
MASTRO, J.P., CHAMBERS, AUSTIN and MILLER, JJ., concur.