People v. Miller

• Decision Date: 27 June 1996
• Citation: 645 N.Y.S.2d 119,228 A.D.2d 979
• Parties: The PEOPLE of the State of New York, Respondent, v. Ghania MILLER, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 119

645 N.Y.S.2d 119

228 A.D.2d 979

The PEOPLE of the State of New York, Respondent, v. Ghania MILLER, Appellant.

Supreme Court, Appellate Division Third Department.

June 27, 1996.

Carl J. Silverstein, Monticello, for appellant.

Gerald F. Mollen, District Attorney, Binghamton, for respondent.

Before WHITE, J.P., and CASEY, YESAWICH, PETERS and SPAIN, JJ.

YESAWICH, Justice.

Appeal from a judgment of the County Court of Broome County (Mathews, J.), rendered March 24, 1995, convicting defendant upon her plea of guilty of the crime of criminal possession of a controlled substance in the second degree.

On September 16, 1994, shortly after 3:00 A.M., Officer Larry Hendrickson of the Binghamton Police Department saw two individuals crouching down in the back seat of a taxicab that passed near Hendrickson's patrol vehicle at an intersection. Fearing that a robbery was in progress, Hendrickson followed the cab. After observing that the driver took a route which Hendrickson considered to be circular and indirect, Hendrickson stopped the cab and called to the driver to exit the vehicle. The driver approached the patrol car and Hendrickson, after ascertaining that there was no robbery, asked the driver some questions about his passengers and the route taken. During this encounter, Hendrickson observed the occupant of the rear passenger seat, Dorthea Dillahunt, place a black bag in the front passenger seat. Hendrickson then asked the driver if the black bag on the front passenger seat was his and the driver said "no". Hendrickson proceeded to lean into the window of the cab and ask Dillahunt and defendant, the other passenger, whether the bag belonged to either of them. Both passengers denied owning the bag and Hendrickson then asked the cab driver for permission to search it. The cab driver indicated that he did not care because it was not his bag. Hendrickson then opened the bag and found a substantial quantity of vials containing cocaine. A note in the bag stated "give the money to Kool", which is defendant's nickname.

Defendant was arrested and indicted on one count of criminal possession of a controlled substance in the first degree and one count of criminal possession of a controlled substance in the third degree. After her motion to suppress the contents of the bag was denied, defendant pleaded guilty to one count of criminal possession of a controlled substance in the second degree and was sentenced to a prison term of 7 years to life. This appeal followed.

We agree with County Court's conclusion that defendant lacked standing to challenge the search by Hendrickson. Not only did defenda...