People v. Mascall

Appellate Division of the Supreme Court of New York

People v. Mascall

2017 NY Slip Op 559, 146 A.D.3d 689, 46 N.Y.S.3d 839

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

DecidedJanuary 26, 2017

Docket1831/10 2884A 87/11 2884

StatusPublished

This text of 2017 NY Slip Op 559 (People v. Mascall) 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. Mascall, 2017 NY Slip Op 559, 146 A.D.3d 689, 46 N.Y.S.3d 839 (N.Y. Ct. App. 2017).

Pincite

Opinion

Judgments, Supreme Court, Bronx County (Stephen J. Barrett, J.), rendered June 28, 2013, convicting defendant, upon her pleas of guilty, of criminal sale of a controlled substance in the third degree and assault in the third degree, and sentencing her to an aggregate term of six months, concurrent with five years’ probation on the drug sale count, unanimously affirmed.

The court correctly denied defendant’s suppression motion, without granting a hearing. Defendant failed to allege facts sufficient to demonstrate that an aerosol can, allegedly used as a weapon, was recovered from her person or from any place in which she had a legitimate expectation of privacy (see People v Ramirez-Portoreal, 88 NY2d 99, 108 [1996]; People v Rodriguez, *690 69 NY2d 159, 161 [1987]). Defendant claimed to have been unlawfully searched by the police, but she did not specifically claim that this search yielded any evidence. Despite ample opportunity to do so, she did not dispute the People’s claim that an officer recovered the can from the floor in an apartment building hallway. Defendant’s argument that her moving papers implicitly claimed that the can was taken from her person is unavailing.

Concur — Friedman, J.P., Richter, Saxe, Moskowitz and Kapnick, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgments, Supreme Court, Bronx County (Stephen J. Barrett, J.), rendered June 28, 2013, convicting defendant, upon her pleas of guilty, of criminal sale of a controlled substance in the third degree and assault in the third degree, and sentencing her to an aggregate term of six months, concurrent with five years’ probation on the drug sale count, unanimously affirmed.

The court correctly denied defendant’s suppression motion, without granting a hearing. Defendant failed to allege facts sufficient to demonstrate that an aerosol can, allegedly used as a weapon, was recovered from her person or from any place in which she had a legitimate expectation of privacy (see People v Ramirez-Portoreal, 88 NY2d 99, 108 [1996]; People v Rodriguez, *690 69 NY2d 159, 161 [1987]). Defendant claimed to have been unlawfully searched by the police, but she did not specifically claim that this search yielded any evidence. Despite ample opportunity to do so, she did not dispute the People’s claim that an officer recovered the can from the floor in an apartment building hallway. Defendant’s argument that her moving papers implicitly claimed that the can was taken from her person is unavailing.

Concur — Friedman, J.P., Richter, Saxe, Moskowitz and Kapnick, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

2017 NY Slip Op 559, 146 A.D.3d 689, 46 N.Y.S.3d 839, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mascall-nyappdiv-2017.

Opinion

Related

Cite This Page — Counsel Stack