People v. Gaddy

Appellate Division of the Supreme Court of New York

People v. Gaddy

208 A.D.2d 427, 618 N.Y.S.2d 1010, 1994 N.Y. App. Div. LEXIS 9765

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

DecidedOctober 18, 1994

StatusPublished

This text of 208 A.D.2d 427 (People v. Gaddy) 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.

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People v. Gaddy, 208 A.D.2d 427, 618 N.Y.S.2d 1010, 1994 N.Y. App. Div. LEXIS 9765 (N.Y. Ct. App. 1994).

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Opinion

Judgment, Supreme Court, New York County (Frederic Berman, J.), rendered October 15, 1992, convicting defendant, upon his guilty plea, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 6 to 12 years, unanimously affirmed.

The hearing court did not abuse its discretion in denying defendant’s last minute request to call additional witnesses, not then available to testify, whom defendant alleged would corroborate his testimony (see, Matter of Anthony M., 63 NY2d 270, 283-284). The hearing court properly credited the police officer’s testimony and denied suppression upon the ground that defendant voluntarily abandoned the bag (People v Scott, 191 AD2d 200, affd 82 NY2d 729). Since the People established that defendant abandoned the bag, we need not reach defendant’s argument that the court also erred in denying the motion on the ground that he did not have a reasonable expectation of privacy in the shopping bag. Finally, we discern no basis to disturb defendant’s negotiated sentence. Concur— Sullivan, J. P., Carro, Rosenberger, Williams and Tom, JJ.

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Judgment, Supreme Court, New York County (Frederic Berman, J.), rendered October 15, 1992, convicting defendant, upon his guilty plea, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 6 to 12 years, unanimously affirmed.

The hearing court did not abuse its discretion in denying defendant’s last minute request to call additional witnesses, not then available to testify, whom defendant alleged would corroborate his testimony (see, Matter of Anthony M., 63 NY2d 270, 283-284). The hearing court properly credited the police officer’s testimony and denied suppression upon the ground that defendant voluntarily abandoned the bag (People v Scott, 191 AD2d 200, affd 82 NY2d 729). Since the People established that defendant abandoned the bag, we need not reach defendant’s argument that the court also erred in denying the motion on the ground that he did not have a reasonable expectation of privacy in the shopping bag. Finally, we discern no basis to disturb defendant’s negotiated sentence. Concur— Sullivan, J. P., Carro, Rosenberger, Williams and Tom, JJ.

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Bluebook (online)

208 A.D.2d 427, 618 N.Y.S.2d 1010, 1994 N.Y. App. Div. LEXIS 9765, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gaddy-nyappdiv-1994.

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