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People v. Cummings

Appellate Division of the Supreme Court of New York, First Department
Jun 15, 1993
194 A.D.2d 418 (N.Y. App. Div. 1993)

Opinion

June 15, 1993

Appeal from the Supreme Court, New York County (Edward McLaughlin, J.).


Contrary to defendant's argument on appeal, the arresting officer's close range observation of defendant dropping two vials of what appeared to be crack cocaine as she exited a known drug location provided probable cause for her arrest (People v McRay, 51 N.Y.2d 594). Therefore, the additional 12 vials of crack cocaine were recovered pursuant to a search incident to a lawful arrest (People v. De Santis, 46 N.Y.2d 82, cert denied 443 U.S. 912). The hearing court's determinations of fact and credibility are supported by the record and will not be disturbed by this Court (People v. Gruttola, 43 N.Y.2d 116).

Concur — Milonas, J.P., Rosenberger, Rubin and Nardelli, JJ.


Summaries of

People v. Cummings

Appellate Division of the Supreme Court of New York, First Department
Jun 15, 1993
194 A.D.2d 418 (N.Y. App. Div. 1993)
Case details for

People v. Cummings

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CRYSTAL CUMMINGS…

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

Date published: Jun 15, 1993

Citations

194 A.D.2d 418 (N.Y. App. Div. 1993)
598 N.Y.S.2d 790

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