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People v. Carey

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 26, 1991
178 A.D.2d 992 (N.Y. App. Div. 1991)

Opinion

December 26, 1991

Appeal from the Genesee County Court, Morton, J.

Present — Denman, P.J., Callahan, Balio, Lawton and Davis, JJ.


Judgment unanimously affirmed. Memorandum: Defendant was convicted, upon a plea of guilty, of criminal possession of a controlled substance in the fourth degree (Penal Law § 220.09). He contends on appeal that the warrantless search of his vehicle was improper. We disagree. After validly stopping defendant's vehicle, the State Trooper observed, in plain view, a bag of marihuana inside the passenger compartment of the automobile. The State Trooper's discovery of marihuana combined with defendant's statement that he "forgot to put it away", provided the requisite probable cause to search both the trunk of defendant's vehicle and the locked briefcase contained therein (see, California v Acevedo, 500 US ___, 111 S Ct 1982; United States v Ross, 456 U.S. 798; People v Ellis, 62 N.Y.2d 393; People v Langen, 60 N.Y.2d 170, cert denied 465 U.S. 1028; People v Etheridge, 175 A.D.2d 739, 740; People v Carmichael, 155 A.D.2d 983, 984-985, lv denied 75 N.Y.2d 811).


Summaries of

People v. Carey

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 26, 1991
178 A.D.2d 992 (N.Y. App. Div. 1991)
Case details for

People v. Carey

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD CAREY…

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

Date published: Dec 26, 1991

Citations

178 A.D.2d 992 (N.Y. App. Div. 1991)
578 N.Y.S.2d 331

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