People v. Rivera

Judgment, Supreme Court, New York County (Richard D. Carruthers, J., at suppression hearing; Daniel P. FitzGerald, J., at plea and sentencing), rendered November 5, 2014, convicting defendant of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony drug offender, to a term of three years, unanimously affirmed.

The court properly denied defendant’s suppression motion. Defendant’s claim that his abandonment of the marijuana that initially prompted his arrest was in response to unlawful police activity is unpreserved because counsel did not…