People v. Sharrieff

In People v. Sharrieff, 117 A.D.2d 635, 497 N.Y.S.2d 959 (2d Dep't 1986), the People misstate the facts of that case to support their abandonment argument contending that the Sharrief court found abandonment when the evidence in that case "fell out of defendant's sleeve." People's Memo of Law at p. 5. In fact, in that case, the defendant's purposeful act -- shaking the evidence out of his sleeve so that it fell to the ground as he was stopped on the street by police -- was dispositive in the court's abandonment analysis in that case. 117 AD2d at 636.