People v. Cooke

Appellate Division of the Supreme Court of New York

People v. Cooke

267 A.D.2d 104, 699 N.Y.S.2d 686, 1999 N.Y. App. Div. LEXIS 13012

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

DecidedDecember 14, 1999

StatusPublished

This text of 267 A.D.2d 104 (People v. Cooke) 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. Cooke, 267 A.D.2d 104, 699 N.Y.S.2d 686, 1999 N.Y. App. Div. LEXIS 13012 (N.Y. Ct. App. 1999).

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Opinion

—Judgment, Supreme Court, New York County (Sheldon Levy, J., at hearing; Dorothy Cropper, J., at plea and sentence), rendered April 21, 1997, convicting defendant of criminal possession of a weapon in the second degree, and sentencing him to a term of 2V2 to 5 years, unanimously affirmed.

Defendant’s suppression motion was properly denied. We see no reason to disturb the court’s credibility determinations, which are supported by the record. Accordingly, we agree with the hearing court’s finding that the information relayed to the police officers from the crime victim provided a sufficient predicate for the ensuing search of the car and trunk pursuant to the automobile exception (see, People v Belton, 55 NY2d 49). Moreover, the People established by clear and convincing evidence that defendant voluntarily consented to the search. Concur — Rosenberger, J. P., Williams, Tom, Mazzarelli and Buckley, JJ.

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—Judgment, Supreme Court, New York County (Sheldon Levy, J., at hearing; Dorothy Cropper, J., at plea and sentence), rendered April 21, 1997, convicting defendant of criminal possession of a weapon in the second degree, and sentencing him to a term of 2V2 to 5 years, unanimously affirmed.

Defendant’s suppression motion was properly denied. We see no reason to disturb the court’s credibility determinations, which are supported by the record. Accordingly, we agree with the hearing court’s finding that the information relayed to the police officers from the crime victim provided a sufficient predicate for the ensuing search of the car and trunk pursuant to the automobile exception (see, People v Belton, 55 NY2d 49). Moreover, the People established by clear and convincing evidence that defendant voluntarily consented to the search. Concur — Rosenberger, J. P., Williams, Tom, Mazzarelli and Buckley, JJ.

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Bluebook (online)

267 A.D.2d 104, 699 N.Y.S.2d 686, 1999 N.Y. App. Div. LEXIS 13012, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cooke-nyappdiv-1999.

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