Opinion
March 16, 1990
Appeal from the Cayuga County Court, Corning, J.
Present — Denman, J.P., Green, Pine, Balio and Lawton, JJ.
Judgment unanimously reversed on the law and indictment dismissed. Memorandum: Defendant's motion to suppress the physical evidence seized from defendant's vehicle and from his person should have been granted. Although the vehicle was lawfully stopped for speeding, the officer's alleged observation of cigarette-rolling paper in the center console and a hand-rolled cigarette butt in the ashtray did not constitute probable cause for a search of the vehicle (see, People v Baldon, 51 A.D.2d 880; People v Franklin, 46 A.D.2d 189). While questioning defendant on matters unrelated to the speeding charge, the Trooper asked defendant if he could look in the car, and defendant told him to go ahead. Permission to look into the vehicle did not amount to consent to search the vehicle (see, People v Guzman, 153 A.D.2d 320).