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People v. Black

Appellate Division of the Supreme Court of New York, First Department
May 21, 1998
250 A.D.2d 494 (N.Y. App. Div. 1998)

Opinion

May 21, 1998

Appeal from the Supreme Court, Bronx County (William Wallace, J., at initial suppression hearing; Frank Torres, J., at reopened suppression hearing, jury trial and sentence),


The verdict was based on legally sufficient evidence and not against the weight of the evidence. Issues of credibility were properly presented to the jury and we see no reason to disturb its findings.

Defendants motion to suppress a bullet found in his car was properly denied. The officers testimony and the inventory form containing the precise guidelines to be followed were sufficient to establish that a standardized police procedure was followed with respect to inventory searches ( see, People v. Galak, 80 N.Y.2d 715). "Although the inventory search did not produce a record of every item that was in the vehicle, it was proven to have been conducted pursuant to a police procedure which was rationally designed to meet the objectives justifying such a search, and which effectively limited the [officers] discretion so. as to assure that he was not simply rummaging for incriminating evidence" ( People v. Salazar, 225 A.D.2d 804, 805, lv. denied 88 N.Y.2d 969).

We have considered defendants remaining contentions and find them to be without merit.

Concur — Sullivan, J.P., Ellerin, Williams, Mazzarelli and Andrias, JJ.


Summaries of

People v. Black

Appellate Division of the Supreme Court of New York, First Department
May 21, 1998
250 A.D.2d 494 (N.Y. App. Div. 1998)
Case details for

People v. Black

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NATCH BLACK, Appellant

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

Date published: May 21, 1998

Citations

250 A.D.2d 494 (N.Y. App. Div. 1998)
673 N.Y.S.2d 414

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