[DOWNLOAD] "People State New York v. Marc Dearstyne" by Supreme Court of New York * eBook PDF Kindle ePub Free

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eBook details

• Title: People State New York v. Marc Dearstyne
• Author : Supreme Court of New York
• Release Date : January 23, 1975
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

[50 A.D.2d 1029 Page 1029] Appeal from a judgment of the County Court of Rensselaer County, rendered September 27, 1974, upon a verdict convicting defendant of the crimes of criminal possession of a controlled substance in the third degree, three counts of criminal possession of a controlled substance in the seventh degree, and criminally possessing a hypodermic instrument. Defendant's principal claim on this appeal is that he was the victim of an illegal search and seizure within the meaning of the Fourth Amendment to the United States Constitution. The testimony of Trooper Wood at the suppression hearing was that while on patrol duty in the Town of East Greenbush in Rensselaer County, on November 21, 1973 at 3:00 A.M., he observed a motor vehicle proceeding south on Route 4. On direct examination he testified that he stopped the car because it was going very slowly at the time and appeared to be operating a little bit erratic. On cross-examination, he amplified this description by testifying that the car was going very slow, short, jerky movements. The trooper testified that he suspected that the driver may have been intoxicated because the car was observed just after the bars had closed. The vehicle, driven by the defendant, was pulled over and a clear plastic bag containing marijuana was observed in the ashtray. After the arrest of the defendant and a passenger, a vial containing several tablets alleged to be LSD was found on defendant and a needle, syringe and a quantity of alleged methamphetamine was found in the car. Trooper Wood's testimony was substantially the same at the suppression hearing and the trial. Defendant contends that the stopping of his car was an impermissible routine traffic check within the meaning of People v Ingle (36 N.Y.2d 413). This court has, in a very recent decision, held that Ingle is not retroactive (People v Mallette, 50 A.D.2d ... ). Even if we were to apply Ingle to the facts of this case, however, we would reach the same conclusion. This case is clearly distinguishable from a case in which the officer admitted that he had had no reason to stop defendant other [50 A.D.2d 1029 Page 1030]

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