| People v Jenkins |
| 2009 NY Slip Op 07440 [66 AD3d 800] |
| October 13, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Fredrick Jenkins, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Margaret E. Mainusch of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Nassau County (Donnino,J.), rendered December 13, 2007, convicting him of murder in the first degree, upon his plea ofguilty, and imposing sentence. The appeal brings up for review the denial, after a hearing(Honorof, J.), pursuant to a stipulation in lieu of motions, of the suppression of physicalevidence.
Ordered that the judgment is affirmed.
The defendant did not establish standing to contest the police search of his cigarette buttswhich he discarded in the police precinct and from which his DNA was extracted (see Peoplev Ramirez-Portoreal, 88 NY2d 99, 108 [1996]). The defendant failed to demonstrate alegitimate expectation of privacy in the cigarette butts.
In any event, the People met their burden of demonstrating that the defendant abandoned thecigarette butts by voluntarily and intentionally discarding those items, an act constituting awaiver of any legitimate expectation of privacy (id. at 110). Fisher, J.P., Covello,Angiolillo and Roman, JJ., concur.