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People v. Jackson

Appellate Division of the Supreme Court of New York, Second Department
May 28, 1985
111 A.D.2d 412 (N.Y. App. Div. 1985)

Opinion

May 28, 1985

Appeal from the County Court, Westchester County (Marlow, J., Delaney, J.).


Judgment affirmed.

Defendant was stopped and arrested for driving while intoxicated and a subsequent search of his person revealed aluminum foil packets believed by the officers to contain cocaine. The search of defendant's car was proper upon the facts of this case because "the police had a reasonable belief that the vehicle was, in some way, associated with the crime and that a search of the vehicle would `produce the fruits, instrumentalities, contraband or evidence' of the crime" ( People v. Clark, 45 N.Y.2d 432, 438, quoting People v. Lewis, 26 N.Y.2d 547, 552). Additionally, the search of the box and gym bag found in the vehicle's trunk was proper because "[i]f probable cause justifies the search of a lawfully stopped vehicle, it justifies the search of every part of the vehicle and its contents that may conceal the object of the search" ( United States v. Ross, 456 U.S. 798, 825; People v Ellis, 62 N.Y.2d 393, 398). Furthermore, under the circumstances of this case, the fact that defendant's car was transported to police headquarters and then searched does not affect the validity of the search ( United States v. Johns, 469 US ___, 105 S Ct 881; People v. Orlando, 56 N.Y.2d 441, 446).

We have considered defendant's other contentions and find them to be either unpreserved or without merit. Mollen, P.J., Mangano, Gibbons and Bracken, JJ., concur.


Summaries of

People v. Jackson

Appellate Division of the Supreme Court of New York, Second Department
May 28, 1985
111 A.D.2d 412 (N.Y. App. Div. 1985)
Case details for

People v. Jackson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NORMAN JACKSON…

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

Date published: May 28, 1985

Citations

111 A.D.2d 412 (N.Y. App. Div. 1985)

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