255 A.D.2d 118 679 N.Y.S.2d 311

The People of the State of New York, Respondent, v Carlos Sabat, Appellant.

[679 NYS2d 311]

—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.

People v. Sabat
255 A.D.2d 118 679 N.Y.S.2d 311

Case Details

Name
People v. Sabat
Decision Date
Nov 5, 1998
Citations

255 A.D.2d 118

679 N.Y.S.2d 311

Jurisdiction
New York

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!