Opinion
January 31, 1991
Appeal from the County Court of Ulster County (Vogt, J.).
We reject defendant's claim that the Troopers lacked probable cause to justify the search of the vehicle he was driving. There is no question that the vehicle had been properly stopped after it had been observed to be speeding. Upon their approach of the vehicle both Troopers detected the odor of marihuana smoke coming from the vehicle. That fact alone has been held sufficient to provide police officers with probable cause to search a vehicle (People v Chestnut, 43 A.D.2d 260, affd 36 N.Y.2d 971). Here, there were also packets of rolling papers in plain view in the vehicle. The facts on this record amply support the search of the vehicle for contraband (see, People v Mangan, 55 A.D.2d 247). As a final matter, it is also noted that at least one of the Troopers' expertise with respect to knowledge of the smell of marihuana was adequately developed in the record (see, People v Chestnut, supra).
Judgment affirmed. Mahoney, P.J., Weiss, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.