PEOPLE v. FUSSELLO (1999)

Supreme Court properly denied defendant's motion to suppress cocaine seized from the back seat of the police car in which defendant was transported following his stop at a traffic safety checkpoint and his subsequent arrest.   Although the court concluded that the seizure of defendant was illegal, it properly denied the motion to suppress on the ground that the attempt by defendant to dispose of the cocaine in his possession constituted an abandonment and “was an independent act, not the direct result of, and therefore not tainted by, the illegal seizure” (People v. Arnau, 58 N.Y.2d 27, 38, 457 N.Y.S.2d 763, 444 N.E.2d 13, citing People v. Boodle, 47 N.Y.2d 398, 418 N.Y.S.2d 352, 391 N.E.2d 1329, cert. denied 444 U.S. 969, 100 S.Ct. 461, 62 L.Ed.2d 383;  see, People v. Myrick, 199 A.D.2d 823, 825, 606 N.Y.S.2d 81, lv. denied 83 N.Y.2d 808, 611 N.Y.S.2d 144, 633 N.E.2d 499;  People v. Santos, 197 A.D.2d 378, 602 N.Y.S.2d 362, lv. denied 82 N.Y.2d 930, 610 N.Y.S.2d 182, 632 N.E.2d 492, cert. denied 513 U.S. 829, 115 S.Ct. 101, 130 L.Ed.2d 49).

Judgment unanimously affirmed.

MEMORANDUM: