Opinion
March 23, 1995
Appeal from the Supreme Court, New York County (Edwin Torres, J.).
The experienced police officer patrolling the Port Authority Bus Terminal observed defendant, who was carrying a large blue bag and a small red gym bag, and a companion, leave the bag to be secured under the bus without receiving a baggage check. As defendant's failure to receive a baggage check was suspect, the officers had authority to approach defendant to seek further information (see, People v. Hollman, 79 N.Y.2d 181). The officer told the defendant he did not have to speak to him if he didn't want to. Defendant's subsequent denial that he had deposited a bag under the bus, in light of what the officers had seen, raised the permissible level of intrusion to a common-law right of inquiry since the officers reasonably believed that criminality was afoot (People v. Hanson, 195 A.D.2d 408). Finally, defendant's abandonment of the bag by virtue of disclaimer of ownership was not the result of improper police action and therefore the warrantless search of the bag was not illegal (supra, at 410-411; People v. Osborne, 194 A.D.2d 427, lv denied 82 N.Y.2d 724).
Concur — Rosenberger, J.P., Wallach, Kupferman, Asch and Tom, JJ.