From Casetext: Smarter Legal Research

People v. Prewitt

Appellate Division of the Supreme Court of New York, Second Department
May 5, 1986
120 A.D.2d 551 (N.Y. App. Div. 1986)

Opinion

May 5, 1986

Appeal from the County Court, Westchester County (Mullen, J.).


Judgment affirmed.

The .45 caliber pistol the defendant is charged with possessing was abandoned by the defendant prior to his arrest. That abandonment was not caused by any illegal or coercive police conduct, but rather was an "independent act involving a calculated risk that the weapon would be retrieved" (see, People v Ford, 82 A.D.2d 923, 924; see also, People v Boodle, 47 N.Y.2d 398, 404, cert denied 444 U.S. 969). The pistol was therefore "outside the protection of the Constitution" (see, People v Howard, 50 N.Y.2d 583, 592, cert denied 449 U.S. 1023), and the trial court properly denied that branch of the defendant's omnibus motion which was to suppress it. In any event, the defendant's claim that his 4th Amendment rights were violated is not supported by the record. Lazer, J.P., Bracken, Brown and Weinstein, JJ., concur.


Summaries of

People v. Prewitt

Appellate Division of the Supreme Court of New York, Second Department
May 5, 1986
120 A.D.2d 551 (N.Y. App. Div. 1986)
Case details for

People v. Prewitt

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDREW PREWITT…

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

Date published: May 5, 1986

Citations

120 A.D.2d 551 (N.Y. App. Div. 1986)

Citing Cases

People v. Williams

The defendant, who was immediately advised of his constitutional rights as required by Miranda v Arizona (…

People v. Wade

The actions of the defendant indicated a deliberate intent to divest himself of possession of the purse (see,…