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People v. Lovell

Appellate Division of the Supreme Court of New York, Second Department
Nov 18, 1996
233 A.D.2d 466 (N.Y. App. Div. 1996)

Opinion

November 18, 1996.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Finnegan, J.), rendered October 19, 1993, convicting him of criminal possession of a controlled substance in the first degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress physical evidence.

Before: Rosenblatt, J.P., O'Brien, Thompson and McGinity, JJ.


Ordered that the judgment is affirmed.

The defendant arrived at John F. Kennedy International Airport on a flight from Trinidad and Tobago. A computer check of the information on the defendant's passport by an immigration official at the terminal revealed that he had a prior drug conviction. A United States Customs Inspector was alerted and noted that the defendant, who was traveling alone, was wearing loose-fitting clothing, carried only a small hand-held bag and had arrived from a country believed to be a source of illegal drugs. A search of the bag revealed minimal clothing. The defendant was then subjected to a pat-down search during which three packages of cocaine were recovered from his clothing.

We conclude, as did the Supreme Court, that, all of these factors, viewed cumulatively, provided a legitimate basis for the pat-down search ( see, People v Luna, 73 NY2d 173; People v Silva, 178 AD2d 446; People v Esposito, 175 AD2d 875). The defendant's motion to suppress the fruits of the search was therefore properly denied.


Summaries of

People v. Lovell

Appellate Division of the Supreme Court of New York, Second Department
Nov 18, 1996
233 A.D.2d 466 (N.Y. App. Div. 1996)
Case details for

People v. Lovell

Case Details

Full title:THE PEOPLE OF THE STATE OP NEW YORK, Respondent, v. GILFORD LOVELL…

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

Date published: Nov 18, 1996

Citations

233 A.D.2d 466 (N.Y. App. Div. 1996)
649 N.Y.S.2d 796

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