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People v. Dunlap

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 13, 1990
163 A.D.2d 814 (N.Y. App. Div. 1990)

Opinion

July 13, 1990

Appeal from the Ontario County Court, Henry, Jr., J.

Present — Dillon, P.J., Denman, Green, Pine and Lowery, JJ.


Judgment unanimously affirmed. Memorandum: The hearing court properly denied defendant's motion to suppress evidence found during a search of his car. The police validly stopped the car after observing it in the wrong lane of traffic (see, People v Ingle, 36 N.Y.2d 413, 420; People v. Holstein, 154 A.D.2d 905, lv denied 74 N.Y.2d 949). The police had probable cause to arrest defendant for driving while intoxicated based upon his erratic driving, his physical appearance and his failing of the field sobriety tests (see, People v. Van Dusen, 89 A.D.2d 649). Once the police discovered a .22 caliber handgun in defendant's boot during a frisk incident to that arrest, the police had probable cause entitling them to search the passenger compartment of the car and any containers found therein for further contraband under the automobile exception to the warrant requirement (see, People v. Blasich, 73 N.Y.2d 673, 678; People v. Ellis, 62 N.Y.2d 393, 397-398; People v Langen, 60 N.Y.2d 170, 180-182, cert denied 465 U.S. 1028; People v. Belton, 55 N.Y.2d 49, 53-55).


Summaries of

People v. Dunlap

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 13, 1990
163 A.D.2d 814 (N.Y. App. Div. 1990)
Case details for

People v. Dunlap

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HARRY E. DUNLAP…

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

Date published: Jul 13, 1990

Citations

163 A.D.2d 814 (N.Y. App. Div. 1990)
558 N.Y.S.2d 347

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