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People v. Malone

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 21, 2001
289 A.D.2d 1011 (N.Y. App. Div. 2001)

Opinion

(1611) KA 99-05546

December 21, 2001.

(Appeal from Judgment of Supreme Court, Monroe County, Mark, J. — Criminal Possession Weapon, 3rd Degree.)

PRESENT: GREEN, J.P., PINE, HURLBUTT, KEHOE AND GORSKI, JJ.


Judgment unanimously affirmed.

Memorandum:

Supreme Court properly denied the motion of defendant seeking suppression of physical evidence and his statement to the police as the fruits of an illegal arrest. At the suppression hearing, the arresting officer testified that he observed defendant in the driver's seat of an illegally parked vehicle. The officer ran a computer check on the license plate and discovered that the plate had been reported stolen by its owner. That information provided the officer with probable cause to arrest defendant ( see, People v. Davis, 277 A.D.2d 462, 463, lv denied 96 N.Y.2d 757; People v. Vaccaro, 214 A.D.2d 981, lv denied 86 N.Y.2d 742; see also, People v. Brown, 246 A.D.2d 603, lv denied 91 N.Y.2d 1005).


Summaries of

People v. Malone

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 21, 2001
289 A.D.2d 1011 (N.Y. App. Div. 2001)
Case details for

People v. Malone

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. TYRONE L…

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

Date published: Dec 21, 2001

Citations

289 A.D.2d 1011 (N.Y. App. Div. 2001)
735 N.Y.S.2d 305

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