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People v. Goldring

Appellate Division of the Supreme Court of New York, Second Department
Oct 13, 1992
186 A.D.2d 675 (N.Y. App. Div. 1992)

Opinion

October 13, 1992

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


Ordered that the judgment is affirmed.

The vehicle in which the defendant was a passenger was stopped in connection with a traffic violation, and a police officer subsequently observed a crack vial in the vehicle's ashtray. Contrary to the defendant's contention, that the officer saw the crack vial with the aid of a flashlight does not render the officer's observation of the crack vial a "search" within the meaning of the Federal or State Constitutions (US Const, 4th, 14th Amends; N.Y. Const, art I, § 12; United States v Dunn, 480 U.S. 294; Texas v Brown, 460 U.S. 730; People v Williams, 137 A.D.2d 569). As the Supreme Court of the United States stated in United States v Dunn (supra, at 305, quoting Texas v Brown, supra, at 739-740), "it is `beyond dispute' that the action of a police officer in shining his flashlight to illuminate the interior of a car, without probable cause to search the car `[violated] no right secured * * * by the Fourth Amendment'". Once the crack vial had been detected, the police had the right to conduct a warrantless automobile search based on the existence of probable cause to believe that the automobile contained contraband (see, People v Blasich, 73 N.Y.2d 673).

We have examined the defendant's remaining contentions, including those contained in his supplemental pro se brief, and find them to be without merit. Bracken, J.P., Harwood, Balletta and Eiber, JJ., concur.


Summaries of

People v. Goldring

Appellate Division of the Supreme Court of New York, Second Department
Oct 13, 1992
186 A.D.2d 675 (N.Y. App. Div. 1992)
Case details for

People v. Goldring

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT GOLDRING…

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

Date published: Oct 13, 1992

Citations

186 A.D.2d 675 (N.Y. App. Div. 1992)
588 N.Y.S.2d 426

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