Legal Opinion

People v. Losada

Appellate Division of the Supreme Court of the State of New York

Decided January 21, 1992Published

1Opinion of the Court

Contrary to the defendant’s contention, his abandonment of the tin foil package subsequently found to contain a quantity of cocaine was not a spontaneous reaction to any unlawful police conduct, since the police did nothing more than follow and observe the defendant while he walked along a public street. Therefore, since the defendant abandoned the package independent of any unlawful police conduct, he no longer had a reasonable expectation of privacy in it (People v Howard, 50 NY2d 583, cert denied 449 US 1023; People v Jones, 171 AD2d 814), and the hearing court properly denied suppression…

2Cases cited8 opinions

  1. People v. HowardNew York Court of Appeals · 1980
  2. People v. LeungNew York Court of Appeals · 1986
  3. People v. PadillaAppellate Division of the Supreme Court of the State of New York · 1987
  4. People v. HamiltonAppellate Division of the Supreme Court of the State of New York · 1988
  5. People v. GreeneAppellate Division of the Supreme Court of the State of New York · 1989

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