People v. Sabat

Appellate Division of the Supreme Court of New York

People v. Sabat

255 A.D.2d 118, 679 N.Y.S.2d 311, 1998 N.Y. App. Div. LEXIS 11618

Appellate Division of the Supreme Court of the State of New York·Decided November 5, 1998·Published·Cited by 1 cases

Opinion

—Judgment, Supreme Court, New York County (Irene Duffy, J., at Mapp hearing; John Moore, J., at jury trial and sentence), rendered July 27, 1993, convicting defendant of two counts of criminal possession of a controlled substance in the third degree and two counts of criminal use of drug paraphernalia in the second degree, and sentencing him to two concurrent terms of 5 to 15 years concurrent with two concurrent terms of 1 year, respectively, unanimously affirmed.

Defendant’s suppression motion was properly denied. The People met their burden of establishing that the codefendant effectively consented to a police entry into the subject apartment by stepping back from the door after the officer explained his reason for seeking entry (People v Washington, 209 AD2d 817, lv denied 85 NY2d 944; People v Davis, 120 AD2d 606, lv denied 68 NY2d 769).

A review of the overwhelming inculpatory evidence establishes that the court’s refusal to deliver a circumstantial evidence charge was harmless error (see, People v Brian, 84 NY2d 887, 889). Concur — Sullivan, J. P., Wallach, Williams and Saxe, JJ.

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—Judgment, Supreme Court, New York County (Irene Duffy, J., at Mapp hearing; John Moore, J., at jury trial and sentence), rendered July 27, 1993, convicting defendant of two counts of criminal possession of a controlled substance in the third degree and two counts of criminal use of drug paraphernalia in the second degree, and sentencing him to two concurrent terms of 5 to 15 years concurrent with two concurrent terms of 1 year, respectively, unanimously affirmed.

Defendant’s suppression motion was properly denied. The People met their burden of establishing that the codefendant effectively consented to a police entry into the subject apartment by stepping back from the door after the officer explained his reason for seeking entry (People v Washington, 209 AD2d 817, lv denied 85 NY2d 944; People v Davis, 120 AD2d 606, lv denied 68 NY2d 769).

A review of the overwhelming inculpatory evidence establishes that the court’s refusal to deliver a circumstantial evidence charge was harmless error (see, People v Brian, 84 NY2d 887, 889). Concur — Sullivan, J. P., Wallach, Williams and Saxe, JJ.

People v. Sabat, 255 A.D.2d 118, 679 N.Y.S.2d 311, 1998 N.Y. App. Div. LEXIS 11618 (N.Y. Ct. App. 1998).

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Opinion

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