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People v. Wilson

Appellate Division of the Supreme Court of New York, Second Department
May 21, 1990
161 A.D.2d 742 (N.Y. App. Div. 1990)

Opinion

May 21, 1990

Appeal from the Supreme Court, Kings County (Douglass, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, we find that the hearing court properly denied the defendant's motion to suppress the evidence removed from the trunk of the rented car the defendant was driving. The initial approach by the police was justified based upon the defendant's having double-parked and then driven in an erratic manner when told to move the car (see, People v. Sobotker, 43 N.Y.2d 559). The officer thereafter instituted a reasonable inquiry in an effort to obtain information concerning the ownership of the rented car (see, People v. Vazquez, 135 A.D.2d 896).

The defendant's subsequent conduct of grabbing a female bystander, using her as a shield, and then pushing her towards the officer, escalated the officer's knowledge to a level of probable cause to arrest. The police were, therefore, fully authorized to conduct an inventory search of the impounded car (see, People v. Anderson, 118 A.D.2d 788, cert denied 479 U.S. 859; People v. Braan, 80 A.D.2d 920; People v. Castillo, 150 A.D.2d 957). Thompson, J.P., Bracken, Lawrence and Kunzeman, JJ., concur.


Summaries of

People v. Wilson

Appellate Division of the Supreme Court of New York, Second Department
May 21, 1990
161 A.D.2d 742 (N.Y. App. Div. 1990)
Case details for

People v. Wilson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CORNEL WILSON…

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

Date published: May 21, 1990

Citations

161 A.D.2d 742 (N.Y. App. Div. 1990)
555 N.Y.S.2d 875

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