People v. Kelly

Judgment, Supreme Court, Bronx County (Barbara F. New man, J.), rendered on February 14, 2013, convicting defendant, after a jury trial, of criminal possession of a weapon in the second degree, and sentencing him to a term of 3½ years, unanimously affirmed.

Defendant’s suppression motion was properly denied. The totality of circumstances supports the court’s finding of abandonment (see People v Murray, 256 AD2d 116 [1st Dept 1998], lv denied 92 NY2d 1052 [1999]). The police had information that a man meeting defendant’s description had a firearm in a black bag. As the police arrived at the…