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People v. Scott

Appellate Division of the Supreme Court of New York, First Department
May 17, 2005
18 A.D.3d 285 (N.Y. App. Div. 2005)

Opinion

6083.

May 17, 2005.

Judgment, Supreme Court, New York County (Gregory Carro, J., at suppression hearing; Michael A. Corriero, J., at jury trial and sentence), rendered September 24, 2002, convicting defendant of criminal possession of a controlled substance in the third and fifth degrees and criminally using drug paraphernalia in the second degree, and sentencing him, as a second felony offender, to an aggregate term of 4½ to 9 years, unanimously affirmed.

Before: Buckley, P.J., Marlow, Sullivan, Gonzalez and Sweeny, JJ. concur.


The court properly denied defendant's suppression motion. After stopping defendant's car upon reasonable suspicion that one of the occupants had purchased drugs, and after lawfully recovering quantities of drugs from the codefendant-passenger's person and from a pouch on his lap, "there was clearly reason to believe that the automobile might contain other drugs," which justified a search of the entire vehicle, including the trunk, pursuant to the automobile exception ( People v. Belton, 55 NY2d 49, 55; see also People v. Cruz, 7 AD3d 335, lv denied 3 NY3d 671).


Summaries of

People v. Scott

Appellate Division of the Supreme Court of New York, First Department
May 17, 2005
18 A.D.3d 285 (N.Y. App. Div. 2005)
Case details for

People v. Scott

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WAYNE SCOTT, Appellant

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

Date published: May 17, 2005

Citations

18 A.D.3d 285 (N.Y. App. Div. 2005)
795 N.Y.S.2d 198

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