Appellate Division of the Supreme Court of New York, 1998

People v. Sabat

Appellate Division of the Supreme Court of New York · Decided November 5, 1998

255 A.D.2d 118; 679 N.Y.S.2d 311; 1998 N.Y. App. Div. LEXIS 11618

Cases that cite this one

1 later published case cites this decision.

In re Vanderrick P. (Appellate Division of the Supreme Court of New York 2002)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—Judgment, Supreme Court, New York County (Irene Duffy, J., at Mapp hearing; John Moore, J., at jury trial and sentence), rendered July 27, 1993, convicting defendant of two counts of criminal possession of a controlled substance in the third degree and two counts of criminal use of drug paraphernalia in the second degree, and sentencing him to two concurrent terms of 5 to 15 years concurrent with two concurrent terms of 1 year, respectively, unanimously affirmed.

Defendant’s suppression motion was properly denied. The People met their burden of establishing that the codefendant effectively consented to a police entry into the subject apartment by stepping back from the door after the officer explained his reason for seeking entry (People v Washington, 209 AD2d 817, lv denied 85 NY2d 944; People v Davis, 120 AD2d 606, lv denied 68 NY2d 769).

A review of the overwhelming inculpatory evidence establishes that the court’s refusal to deliver a circumstantial evidence charge was harmless error (see, People v Brian, 84 NY2d 887, 889). Concur — Sullivan, J. P., Wallach, Williams and Saxe, JJ.

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