People v. Ashley

Appellate Division of the Supreme Court of New York

People v. Ashley

239 A.D.2d 298, 658 N.Y.S.2d 854, 1997 N.Y. App. Div. LEXIS 5725

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 29, 1997

StatusPublished

Cited by1 cases

This text of 239 A.D.2d 298 (People v. Ashley) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Ashley, 239 A.D.2d 298, 658 N.Y.S.2d 854, 1997 N.Y. App. Div. LEXIS 5725 (N.Y. Ct. App. 1997).

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Opinion

Judgment, Supreme Court, Bronx County (John Moore, J.), rendered May 30, 1995, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the third degree, and sentencing him, as a second violent felony offender, to a term of 2 to 4 years, unanimously affirmed.

Defendant’s motion to suppress was properly denied. The [299]*299record does not support defendant’s contention that the officer’s observation of a revolver in plain view resulted from the officer’s leaning into the stopped car, rather than the officer’s permissible use of a flashlight to illuminate the interior (People v Desir, 138 AD2d 236). Concur—Murphy, P. J., Sullivan, Nardelli and Tom, JJ.

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Judgment, Supreme Court, Bronx County (John Moore, J.), rendered May 30, 1995, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the third degree, and sentencing him, as a second violent felony offender, to a term of 2 to 4 years, unanimously affirmed.

Defendant’s motion to suppress was properly denied. The [299]*299record does not support defendant’s contention that the officer’s observation of a revolver in plain view resulted from the officer’s leaning into the stopped car, rather than the officer’s permissible use of a flashlight to illuminate the interior (People v Desir, 138 AD2d 236). Concur—Murphy, P. J., Sullivan, Nardelli and Tom, JJ.

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Bluebook (online)

239 A.D.2d 298, 658 N.Y.S.2d 854, 1997 N.Y. App. Div. LEXIS 5725, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ashley-nyappdiv-1997.

Opinion

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