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People v. Yourish

Appellate Division of the Supreme Court of New York, Second Department
May 28, 1991
173 A.D.2d 752 (N.Y. App. Div. 1991)

Opinion

May 28, 1991

Appeal from the County Court, Nassau County (Santagata, J.).


Ordered that the judgment is affirmed, and the matter is remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (5).

The evidence adduced at the suppression hearing supported the determination by the police that the defendant was a marihuana seller who was meeting a confidential informant for the purpose of consummating a prearranged sale of approximately 20 pounds of marihuana. The meeting was being monitored by a narcotics backup team. Consequently, there was probable cause to arrest the defendant. Further, the subsequent search of the vehicle in which the defendant arrived on the scene was supported by probable cause to believe that the vehicle contained contraband (see, People v Orlando, 56 N.Y.2d 441; People v Beasley, 159 A.D.2d 712, 713; People v Ianniello, 156 A.D.2d 469, 470-471).

We have considered the defendant's remaining contentions and find them to be without merit. Bracken, J.P., Kooper, Sullivan and Lawrence, JJ., concur.


Summaries of

People v. Yourish

Appellate Division of the Supreme Court of New York, Second Department
May 28, 1991
173 A.D.2d 752 (N.Y. App. Div. 1991)
Case details for

People v. Yourish

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH L. YOURISH…

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

Date published: May 28, 1991

Citations

173 A.D.2d 752 (N.Y. App. Div. 1991)
570 N.Y.S.2d 627