People v. Cosme

Appellate Division of the Supreme Court of New York

People v. Cosme

70 A.D.3d 1364, 893 N.Y.S.2d 791

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

DecidedFebruary 11, 2010

StatusPublished

Cited by3 cases

This text of 70 A.D.3d 1364 (People v. Cosme) 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. Cosme, 70 A.D.3d 1364, 893 N.Y.S.2d 791 (N.Y. Ct. App. 2010).

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Opinion

Appeal from a judgment of the Monroe County Court (Patricia D. Marks, J.), rendered September 25, 2006. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the first degree and criminal possession of a controlled substance in the third degree (three counts).

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of criminal possession of a controlled substance in the first degree (Penal Law § 220.21 [1]) and three counts of criminal possession of a controlled substance in the third degree (§ 220.16 [1], [12]), defendant contends that County Court erred in refusing to suppress evidence seized as the result of the allegedly illegal stop of his vehicle. We reject that contention. “The officer[’s] observation that defendant was not wearing a seatbelt was a sufficient reason to stop the vehicle” driven by defendant (People v Taylor, 57 AD3d 1504, 1505 [2008], lv denied 12 NY3d 788 [2009]). Once the vehicle was stopped, the officer detected the odor of marihuana and thus had probable cause to search the vehicle (see People v Cirigliano, 15 AD3d 672 [2005], lv denied 5 NY3d 760, 827 [2005]). Present—Scudder, P.J., Smith, Fahey and Lindley, JJ.

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Appeal from a judgment of the Monroe County Court (Patricia D. Marks, J.), rendered September 25, 2006. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the first degree and criminal possession of a controlled substance in the third degree (three counts).

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of criminal possession of a controlled substance in the first degree (Penal Law § 220.21 [1]) and three counts of criminal possession of a controlled substance in the third degree (§ 220.16 [1], [12]), defendant contends that County Court erred in refusing to suppress evidence seized as the result of the allegedly illegal stop of his vehicle. We reject that contention. “The officer[’s] observation that defendant was not wearing a seatbelt was a sufficient reason to stop the vehicle” driven by defendant (People v Taylor, 57 AD3d 1504, 1505 [2008], lv denied 12 NY3d 788 [2009]). Once the vehicle was stopped, the officer detected the odor of marihuana and thus had probable cause to search the vehicle (see People v Cirigliano, 15 AD3d 672 [2005], lv denied 5 NY3d 760, 827 [2005]). Present—Scudder, P.J., Smith, Fahey and Lindley, JJ.

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Bluebook (online)

70 A.D.3d 1364, 893 N.Y.S.2d 791, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cosme-nyappdiv-2010.

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