Opinion
April 16, 1998
Appeal from the Supreme Court, New York County (Sheila Abdus-Salaam, J.).
Defendant's suppression motion was properly denied. We see no reason to disturb the court's credibility determinations, which are supported by the record ( see, People v. Prochilo, 41 N.Y.2d 759, 761). Defendant did not have standing to contest the search of the matchbox he had left on the public sidewalk at around noon, when there was normal pedestrian traffic, inasmuch as any expectation of privacy he may have had with respect to this item was not objectively reasonable ( People v. Ramirez-Portoreal, 88 N.Y.2d 99, 113; People v. Garcia, 232 A.D.2d 272).
Since both defendant's arrest, and the warrantless search of the matchbox were proper, his statement, "You can't get me because you didn't get a buyer", which was not made in response to any question, was appropriately considered spontaneous ( see, People v. Huffman, 61 N.Y.2d 795; People v. Thrower, 175 A.D.2d 818, lv dismissed 78 N.Y.2d 1082).
Concur — Milonas, J.P., Nardelli, Wallach and Andrias, JJ.