AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

THE PEOPLE, ETC., APPELLANT, v. OVIDIO GONZALEZ, RESPONDENT. (IND. NO. 11457/98)

DECISION ORDER

ORDERED that the order is reversed, on the law, that branch of the defendant's omnibus motion which was to suppress physical evidence is denied, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent herewith.

The evidence adduced at the suppression hearing supported the determination by the police that the defendant had been engaged in what appeared to be a drug sale. Therefore, contrary to the conclusion of the Supreme Court, there was probable cause to arrest him (see, People v. Jones, 90 N.Y.2d 835). Furthermore, the surgical glove containing heroin recovered by the police in the defendant's automobile was properly seized based on the "automobile exception" to the requirement for a search warrant (California v. Carney, 471 U.S. 386; People v. Galak, 81 N.Y.2d 463; People v. Belton, 55 N.Y.2d 49; People v. Lloyd, 236 A.D.2d 631).

Use AI to get other relevant cases.

Comments

PEOPLE v. GONZALEZ
(Nov 13, 2000)