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PEOPLE v. LEIVA

2323, 2333/12.

144 A.D.3d 599 (2016)

2016 NY Slip Op 08009

41 N.Y.S.3d 420

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVEN LEIVA, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 29, 2016.

Although we do not find that defendant made a valid waiver of his right to appeal (see People v Powell, 140 A.D.3d 401 [1st Dept 2016]), we find that the motion court properly denied defendant's suppression motion, without granting a hearing. Defendant failed to offer any facts that would support an allegation that he had an objectively reasonable expectation of privacy in a bag containing a pistol and ammunition, and the prosecution...

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