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PEOPLE v. COCHRAN

Appellate Division of the Supreme Court of New York, Second Department.
Oct 17, 2005
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Ordered that the judgment is affirmed.

Following the concededly lawful stop of the vehicle by a State Trooper and the defendant's arrest for driving with a suspended license, State Troopers properly impounded the vehicle, as there was no other licensed driver present who could take possession of the car ( see People v. Figueroa, 6 AD3d 720, 722). Moreover, the police were under no obligation to offer the defendant an opportunity to make other provision for the care of the vehicle ( see Colorado v. Bertine, 479 US 367, 373-374). The evidence at the suppression hearing was sufficient to establish that the motivation of the State Troopers in conducting the subsequent search was caretaking rather than criminal investigation ( cf. People v. Acevedo-Sanchez, 212 AD2d 1023), and that they were acting pursuant to State Police regulations ( see People v. Galak, 80 NY2d 715). Indeed, while still at the scene, the State Troopers filled out a meaningful inventory list, "the hallmark of an inventory search" ( People v. Johnson, 1 NY3d 252, 256).

The defendant's remaining contentions are without merit.