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People v. Erby

Appellate Division of the Supreme Court of New York, First Department
Jun 10, 1997
240 A.D.2d 198 (N.Y. App. Div. 1997)

Opinion

June 10, 1997

Appeal from the Supreme Court, New York County (Budd Goodman, J.).


Defendant's suppression motion was properly denied. The motion court properly concluded that defendant relinquished any legitimate expectation of privacy ( see, People v. Ramirez-Portoreal, 88 N.Y.2d 99, 108-112) since he indicated to one of the police officers that the property did not belong to him and he made no effort to retain it when he complied with the officer's request to leave the vehicle.

Concur — Murphy, P.J., Milonas, Rosenberger, Wallach and Andrias, JJ.


Summaries of

People v. Erby

Appellate Division of the Supreme Court of New York, First Department
Jun 10, 1997
240 A.D.2d 198 (N.Y. App. Div. 1997)
Case details for

People v. Erby

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES ERBY, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 10, 1997

Citations

240 A.D.2d 198 (N.Y. App. Div. 1997)
658 N.Y.S.2d 298