PEOPLE v. SANCHEZ (1999)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Ivan SANCHEZ, Defendant-Appellant.

Decided: April 27, 1999

WILLIAMS, J.P., RUBIN, MAZZARELLI, SAXE and FRIEDMAN, JJ.

Heather Kenney, for Respondent. Harold V. Ferguson, Jr., for Defendant-Appellant.

Judgment, Supreme Court, Bronx County (Dominic Massaro, J.), entered January 29, 1996, convicting defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

Defendant's suppression motion was properly denied. The record supports the court's finding that defendant abandoned a bag when he threw or dropped it near a parked car and walked away (see, People v. Ramirez-Portoreal, 88 N.Y.2d 99, 643 N.Y.S.2d 502, 666 N.E.2d 207). Contrary to defendant's argument, none of his actions suggested that he was hiding the bag out of fear of being robbed (see, People v. Murray, 256 A.D.2d 16, 682 N.Y.S.2d 154).

MEMORANDUM DECISION.

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