People v. Murray
| Decision Date | 08 November 1996 |
| Citation | 649 N.Y.S.2d 265,233 A.D.2d 956 |
| Parties | PEOPLE of the State of New York, Respondent, v. Denise MURRAY, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ronald C. Valentine by John Cirando, Lyons, for Appellant.
Richard M. Healy by David Shaw, Lyons, for Respondent.
Before GREEN, J.P., and PINE, LAWTON, DOERR and BOEHM, JJ.
We reject the contention of defendant that County Court should have suppressed cocaine seized from a stroller in the hallway outside her apartment. The contention that the search warrant was improperly issued lacks merit. We conclude that the female informant met both prongs of the Aguilar-Spinelli test (see, Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723; Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637). Defendant further contends that the warrant failed to state with particularity the place to be searched (see, People v. Rainey, 14 N.Y.2d 35, 38, 248 N.Y.S.2d 33, 197 N.E.2d 527). The warrant authorized the search of defendant's apartment, including all its storage areas and curtilage. The cocaine was found in a baby stroller in the hallway outside the apartment of defendant, about two feet from her door. The court found that the hallway was included within the storage areas and curtilage, so that search of the stroller was authorized. Alternatively, the court determined that, if the hallway was not within the premises covered by the warrant, it would constitute a common hallway where defendant lacked a reasonable expectation of privacy. We agree (see, People v. Rodriguez, 69 N.Y.2d 159, 162-163, 513 N.Y.S.2d 75, 505 N.E.2d 586). We further note that the only witness at the suppression hearing testified that defendant initially acknowledged ownership of the stroller but then said that it did not belong to her.
The contention of defendant that her plea was involuntarily entered is unpreserved for our review because she failed to move to withdraw the plea (see, CPL 220.60[3] ) or to vacate the judgment of conviction (see, CPL 440.10). In any event, her contention lacks merit (see, People v. Hoffman, 210 A.D.2d 995, 621 N.Y.S.2d 1003, lv. denied 84 N.Y.2d 1032, 623 N.Y.S.2d 188, 647 N.E.2d 460; People v. Gould, 198 A.D.2d 856, 605 N.Y.S.2d 1007, lv. denied 83 N.Y.2d 805, 611 N.Y.S.2d 141, 633 N.E.2d 496).
Judgment unanimously affirmed.
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