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People v. Posey

Appellate Division of the Supreme Court of New York, First Department
Oct 2, 1997
243 A.D.2d 264 (N.Y. App. Div. 1997)

Opinion

October 2, 1997

Appeal from Supreme Court, New York County (Herbert Altman, J.).


The court properly refused to suppress the seized evidence since defendant has failed to demonstrate a legitimate expectation of privacy in either the contraband seized or in the partially opened mailbox containing the contraband ( see, People v Ramirez-Portoreal, 88 N.Y.2d 99).

The verdict was based on legally sufficient evidence and was not against the weight of the evidence ( People v. Bleakley, 69 N.Y.2d 490). Issues of credibility and reliability of identification were properly presented to the jury and we see no reason to disturb its determinations.

Concur — Sullivan, J.P., Ellerin, Williams, Tom and Colabella, JJ.


Summaries of

People v. Posey

Appellate Division of the Supreme Court of New York, First Department
Oct 2, 1997
243 A.D.2d 264 (N.Y. App. Div. 1997)
Case details for

People v. Posey

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TIMOTHY POSEY…

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

Date published: Oct 2, 1997

Citations

243 A.D.2d 264 (N.Y. App. Div. 1997)
664 N.Y.S.2d 722