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People v. Garren

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 1990
158 A.D.2d 614 (N.Y. App. Div. 1990)

Opinion

February 20, 1990

Appeal from the County Court, Orange County (Bryne, J.).


Ordered that the order is affirmed.

Contrary to the People's contentions, the mere presence in an automobile of a vial in which no powdery substance or residue is discernible, does not, without further indicia of illegal narcotics-related activity, constitute probable cause to arrest the occupants and search their automobile (cf., People v Goggans, 155 A.D.2d 689; see also, People v McRay, 51 N.Y.2d 594). Further, the hearing court's finding that the arresting officer could not, under the circumstances presented, have reasonably mistaken an automobile heat cushion for a plastic bag containing a controlled substance, is supported by the record and will not be disturbed on appeal. Having had the advantage of hearing and seeing the witnesses first hand, the hearing court's determination is to be accorded great weight on appeal (see, People v Prochilo, 41 N.Y.2d 759; People v McEachin, 148 A.D.2d 551, 552), and it should be upheld unless it is clearly erroneous (see, People v Gordon, 150 A.D.2d 487; People v Armstead, 98 A.D.2d 726; see also, People v Matias, 137 A.D.2d 625, 626; People v Trulio, 135 A.D.2d 758, 759). Mollen, P.J., Brown, Kooper and Miller, JJ., concur.


Summaries of

People v. Garren

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 1990
158 A.D.2d 614 (N.Y. App. Div. 1990)
Case details for

People v. Garren

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. THOMAS GARREN…

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

Date published: Feb 20, 1990

Citations

158 A.D.2d 614 (N.Y. App. Div. 1990)

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