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People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
Nov 20, 1995
221 A.D.2d 574 (N.Y. App. Div. 1995)

Opinion

November 20, 1995

Appeal from the Supreme Court, Queens County (Eng, J.).


Ordered that the judgment is affirmed.

The handgun that was recovered by the police in the automobile that the defendant was driving was properly admitted into evidence. It is well settled that the automobile exception to the search warrant requirement permits the police to search a vehicle without a warrant when they have probable cause to believe that evidence of a crime, contraband, or a weapon may be found therein (see, People v Galak, 81 N.Y.2d 463; People v Belton, 55 N.Y.2d 49). The police had probable cause to search the defendant's automobile based on information provided to them by an identified citizen who accused the defendant of a specific crime (see, People v Burton, 194 A.D.2d 683).

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620), we find that it is legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt is not against the weight of the evidence (see, CPL 470.15).

The defendant's remaining contentions are either unpreserved for appellate review (see, CPL 470.05) or without merit. Bracken, J.P., Miller, Altman and Florio, JJ., concur.


Summaries of

People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
Nov 20, 1995
221 A.D.2d 574 (N.Y. App. Div. 1995)
Case details for

People v. Rodriguez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LOUIS RODRIGUEZ…

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

Date published: Nov 20, 1995

Citations

221 A.D.2d 574 (N.Y. App. Div. 1995)
633 N.Y.S.2d 601

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