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People v. Versaggi

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 2002
296 A.D.2d 429 (N.Y. App. Div. 2002)

Opinion

2001-09314

Argued June 11, 2002

July 1, 2002.

Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Copertino, J.), rendered September 24, 2001, convicting him of criminal possession of marijuana in the first degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing (Hudson, J.), of that branch of the defendant's omnibus motion which was to suppress physical evidence seized from his premises.

Mahler, Miller, Harris Engel, P.C., Kew Gardens, N.Y. (Stephen R. Mahler of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marion M. Tang and Michael Miller of counsel), for respondent.

DAVID S. RITTER, J.P., SANDRA J. FEUERSTEIN, NANCY E. SMITH, THOMAS A. ADAMS, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the police did not violate his right to privacy when they merely walked up his driveway and thereby observed marijuana plants growing on his property in plain view. There was no evidence that the defendant intended to exclude the public from his driveway. Accordingly, the Supreme Court properly denied that branch of the defendant's omnibus motion which was to suppress physical evidence seized from his premises (see People v. Kozlowski, 69 N.Y.2d 761; People v. Warmuth, 187 A.D.2d 473).

The defendant received the sentence which he negotiated prior to his plea, and has no basis to complain that it is excessive (see People v. Crowell, 273 A.D.2d 321). Moreover, the Supreme Court properly exercised its discretion in sentencing the defendant differently from his codefendant (see People v. Scott, 55 A.D.2d 963).

The defendant's remaining contention is without merit.

RITTER, J.P., FEUERSTEIN, SMITH and ADAMS, JJ., concur.


Summaries of

People v. Versaggi

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 2002
296 A.D.2d 429 (N.Y. App. Div. 2002)
Case details for

People v. Versaggi

Case Details

Full title:THE PEOPLE, ETC., respondent, v. CHARLES VERSAGGI, appellant

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

Date published: Jul 1, 2002

Citations

296 A.D.2d 429 (N.Y. App. Div. 2002)
745 N.Y.S.2d 196

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