People v. Mcmurty

314 N.Y.S.2d 194 (1970)

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Nature of the Case

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Facts

Patrolman Frisina arrested defendant D on a charge of possession of marijuana. D moved to suppress the marijuana for use as evidence. Frisina took the stand and testified that D saw his patrol car and D stepped out of the doorway. From D's right-hand D let drop a small plastic container. Frisina got out of the patrol car and retrieved it. The contents appeared to be marijuana. D began to walk away, and Frisina asked him if the container was his. He said no. I said that I had seen him drop it and placed him under arrest. D testified he saw Frisina coming toward him. D had a container of marijuana in his pocket. D knew, after twelve years of involvement with drugs and four or five prior convictions, that illegal-search-and-seizure was his only defense. The last thing he would do is drop the marijuana to the ground. D left it in my pocket. Frisina told me to get into a doorway, search me and found the marijuana.