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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DOUGLAS FRAZIER, Appellant.

Defendant's abandonment of the paper bag filled with drugs was not caused by any illegal police misconduct and once abandoned, the police were entitled to open the bag and the illegal drugs discovered inside provided the police with probable cause to make the arrest (see, People v. Martinez, 80 N.Y.2d 444, 448-449). Finally, the money recovered as a result of the search pursuant to arrest was admissible (People v. Troiano, 35 N.Y.2d 476, 478).

Concur — Murphy, P.J., Sullivan, Rosenberger, Asch and Rubin, JJ.

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PEOPLE v. FRAZIER
(Mar 9, 1993)