People v. Corbin

Appellate Division of the Supreme Court of New York

People v. Corbin

238 A.D.2d 437, 656 N.Y.S.2d 358, 1997 N.Y. App. Div. LEXIS 3797

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 14, 1997

StatusPublished

Cited by1 cases

This text of 238 A.D.2d 437 (People v. Corbin) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Corbin, 238 A.D.2d 437, 656 N.Y.S.2d 358, 1997 N.Y. App. Div. LEXIS 3797 (N.Y. Ct. App. 1997).

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Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lisa, J.), rendered August 31, 1995, convicting him of criminal possession of a controlled substance in the seventh 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 defendant contends that the court erred in denying suppression of a packet of cocaine which was removed by the police from a flower pot about a foot from where the defendant was seated outside a building. There was no evidence that the defendant had any proprietary or possessory interest in the flower pot, or that he lived in or owned the building to which the flower pot was attached. Since the defendant did not have a legitimate expectation of privacy in the area searched, the Supreme Court properly concluded that he lacked standing to contest the search (see, People v Ramirez-Portoreal, 88 NY2d 99, 108-109, 112). Altman, J. P., Friedmann, Goldstein and Luciano, JJ., concur.

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—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lisa, J.), rendered August 31, 1995, convicting him of criminal possession of a controlled substance in the seventh 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 defendant contends that the court erred in denying suppression of a packet of cocaine which was removed by the police from a flower pot about a foot from where the defendant was seated outside a building. There was no evidence that the defendant had any proprietary or possessory interest in the flower pot, or that he lived in or owned the building to which the flower pot was attached. Since the defendant did not have a legitimate expectation of privacy in the area searched, the Supreme Court properly concluded that he lacked standing to contest the search (see, People v Ramirez-Portoreal, 88 NY2d 99, 108-109, 112). Altman, J. P., Friedmann, Goldstein and Luciano, JJ., concur.

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Bluebook (online)

238 A.D.2d 437, 656 N.Y.S.2d 358, 1997 N.Y. App. Div. LEXIS 3797, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-corbin-nyappdiv-1997.

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