People v. Phelps

—Order, Supreme Court, New York County (Jay Gold, J.), entered April 8, 1992, which, inter alia, granted the defendant’s motion to suppress physical evidence, unanimously reversed, insofar as appealed, on the law and the facts, the motion is denied, and the matter is remitted to the Supreme Court for further proceedings.

Contrary to the conclusion reached by the Supreme Court, the record clearly establishes that the purse containing narcotics, which the officer saw in the defendant’s hand prior to its landing on the ground, was abandoned by the defendant, the only person in the vicinity in…