People v. DeLeon

Defendant was convicted by a jury *325of possession of heroin in violation of MCL 333.7403(2)(a)(iii); MSA 14.15(7403)(2)(a)(iii). Thereafter sentenced to not less than 15 nor more than 40 years imprisonment, he appeals as of right raising numerous issues.

Abel DeLeon was driving a car in which defendant was a passenger when it was stopped for a routine traffic violation. After voluntarily exiting from the automobile by the passenger door, defendant tossed his hat onto the front seat. The officer saw plastic baggies under the hat. The baggies, containing heroin, were seized.

Defendant first claims…