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People v. Copeland

355 N.E.2d 288, 39 N.Y.2d 986, 387 N.Y.S.2d 234, 1976 N.Y. LEXIS 2931
CourtNew York Court of Appeals
DecidedJuly 6, 1976
StatusPublished
Cited by35 cases

This text of 355 N.E.2d 288 (People v. Copeland) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Copeland, 355 N.E.2d 288, 39 N.Y.2d 986, 387 N.Y.S.2d 234, 1976 N.Y. LEXIS 2931 (N.Y. 1976).

Opinion

Memorandum. The order of the Appellate Term should be affirmed.

In the early morning hours a patrolman stopped the automobile defendant was driving after it had been observed weaving from lane to lane. On being asked for his driver’s license, defendant stated that he did not possess a license, and he was thereupon arrested for violation of section 509 of the Vehicle and Traffic Law (CPL 140.10, subd 1, par [a]). Further inquiry disclosed that defendant carried no identification. The arresting officer then frisked him, and when defendant emptied his pockets the contraband fell out.

Without the available data on which to prepare a uniform [987]*987traffic summons and confronted with the driver of a weaving car who possessed no operator’s license, we can only conclude that this arrest was warranted and that the search of defendant’s person incident thereto was surely lawful (cf. People v Troiano, 35 NY2d 476). Accordingly, the motion to suppress was properly denied.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed in a memorandum.

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Bluebook (online)
355 N.E.2d 288, 39 N.Y.2d 986, 387 N.Y.S.2d 234, 1976 N.Y. LEXIS 2931, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-copeland-ny-1976.