Opinion
March 18, 1991
Appeal from the Supreme Court, Westchester County (Cowhey, J.).
Ordered that the judgment is affirmed.
The record demonstrates that soon after receiving a radio transmission describing a man who had allegedly stolen a computer, a police officer observed the defendant walking on a nearby street. The defendant fit the physical description and was carrying a brown shopping bag as reported in the transmission. Upon seeing the passing police car, the defendant turned into a store, deposited the bag near a counter, and then exited. When met by the officer at the door and asked about the bag, the defendant replied: "What bag?" The officer then retrieved the bag from inside the store and found it to contain the stolen computer.
We find that the property was abandoned by the defendant (see, People v Boodle, 47 N.Y.2d 398, cert denied 444 U.S. 969; People v Bloomfield, 156 A.D.2d 572; People v Greene, 150 A.D.2d 604 ) and thus he no longer had a reasonable expectation of privacy in it at the time of the seizure. Consequently, the defendant lacked standing to challenge its introduction at trial (see, People v Leung, 68 N.Y.2d 734; People v Howard, 50 N.Y.2d 583, cert denied 449 U.S. 1023).
We have considered the defendant's remaining contentions and find them to be without merit. Mangano, P.J., Brown, Sullivan, Harwood and Miller, JJ., concur.