People v. Sanchez

260 A.D.2d 298, 689 N.Y.S.2d 60, 1999 N.Y. App. Div. LEXIS 4378

Opinion

—Judgment, Supreme Court, Bronx County (Dominic Massaro, J.), entered January 29, 1996, convicting defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

Defendant’s suppression motion was properly denied. The record supports the court’s finding that defendant abandoned a bag when he threw or dropped it near a parked car and walked away (see, People v Ramirez-Portoreal, 88 NY2d 99). Contrary to defendant’s argument, none of his actions suggested that he was hiding the bag out of fear of being robbed (see, People v Murray, 256 AD2d 116). Concur — Williams, J. P., Rubin, Mazzarelli, Saxe and Friedman, JJ.