Opinion
October 20, 1998
Appeal from the Supreme Court, New York County (Alvin Schlesinger, J.).
Defendant's suppression motion was properly denied. Defendant lacked standing to suppress a pouch from which vials of crack cocaine were recovered, because defendant did not establish that he retained any legitimate expectation of privacy in the pouch after he threw it, upon the legitimate approach of the police, into a van parked nearby ( People v. Ramirez-Portoreal, 88 N.Y.2d 99). Although defendant bears the burden of proof with respect to standing, he never asserted any connection with the van and, once he threw the pouch into it, he could not reasonably expect that others would not have access to the pouch ( People v. DeLaCruz, 242 A.D.2d 410; People v. Laws, 208 A.D.2d 317).
Concur — Lerner, P.J., Sullivan, Rosenberger, Ellerin and Rubin, JJ.