People v. DeGuire

Appellate Division of the Supreme Court of New York

People v. DeGuire

120 A.D.2d 672, 502 N.Y.S.2d 266, 1986 N.Y. App. Div. LEXIS 56781

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

DecidedMay 19, 1986

StatusPublished

This text of 120 A.D.2d 672 (People v. DeGuire) 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. DeGuire, 120 A.D.2d 672, 502 N.Y.S.2d 266, 1986 N.Y. App. Div. LEXIS 56781 (N.Y. Ct. App. 1986).

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Opinion

— Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Jaspan, J.), dated October 15, 1981, convicting him of attempted criminal possession of stolen property in the first degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

Money seized after a warrantless search of a paper bag found on the floor of the defendant’s car was properly admitted into evidence as the defendant had no legitimate expectation of privacy in the contents of the paper bag. What a person knowingly exposes to the public, even in his own home or office, is not a subject of 4th Amendment protection (Katz v United States, 389 US 347, 351). Since the defendant voluntarily displayed the contents of the paper bag to two police officers and another person shortly before the bag was seized by the police (offering the money as proof of his intent to purchase stolen merchandise), he lost any legitimate expectation of privacy in the contents of the bag — regardless of the fact that he put the money back in the bag after displaying it (see, People v Maldonado, 76 AD2d 691).

We have reviewed the defendant’s other claims and find them to be without merit. Rubin, J. P., Lawrence, Kunzeman and Kooper, JJ., concur.

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— Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Jaspan, J.), dated October 15, 1981, convicting him of attempted criminal possession of stolen property in the first degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

Money seized after a warrantless search of a paper bag found on the floor of the defendant’s car was properly admitted into evidence as the defendant had no legitimate expectation of privacy in the contents of the paper bag. What a person knowingly exposes to the public, even in his own home or office, is not a subject of 4th Amendment protection (Katz v United States, 389 US 347, 351). Since the defendant voluntarily displayed the contents of the paper bag to two police officers and another person shortly before the bag was seized by the police (offering the money as proof of his intent to purchase stolen merchandise), he lost any legitimate expectation of privacy in the contents of the bag — regardless of the fact that he put the money back in the bag after displaying it (see, People v Maldonado, 76 AD2d 691).

We have reviewed the defendant’s other claims and find them to be without merit. Rubin, J. P., Lawrence, Kunzeman and Kooper, JJ., concur.

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Bluebook (online)

120 A.D.2d 672, 502 N.Y.S.2d 266, 1986 N.Y. App. Div. LEXIS 56781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-deguire-nyappdiv-1986.

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