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People v. Asencio

Appellate Division of the Supreme Court of New York, First Department
Nov 18, 1997
244 A.D.2d 225 (N.Y. App. Div. 1997)

Opinion

November 18, 1997

Appeal from the Supreme Court, Bronx County (Ira Globerman, J.).


Defendant's motion to suppress statements and physical evidence was properly denied. After officers observed defendant leaning his head inside the driver's window of a vehicle, which was illegally parked and which had no rear license plate, they had an objective credible reason to approach defendant. This was elevated to probable cause to arrest him for attempted arson after he provided the officers with false and contradictory information and was unable to produce the vehicle's paperwork, and after the officers noticed a strong smell of gasoline emanating from the car's interior, leading one of them to shine a flashlight inside the car and observe a container of gasoline, a box of matches and large amounts of blood (see, People v. Carrasquillo, 54 N.Y.2d 248). The police had ample basis upon which to conclude that defendant was personally engaged in attempted arson.

We have reviewed defendant's remaining contentions, including those contained in his pro se supplemental brief, and find them to be without merit.

Concur — Sullivan, J. P., Rosenberger, Wallach, Nardelli and Colabella, JJ.


Summaries of

People v. Asencio

Appellate Division of the Supreme Court of New York, First Department
Nov 18, 1997
244 A.D.2d 225 (N.Y. App. Div. 1997)
Case details for

People v. Asencio

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUFINO ASENCIO…

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

Date published: Nov 18, 1997

Citations

244 A.D.2d 225 (N.Y. App. Div. 1997)
664 N.Y.S.2d 598

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