People v. Garcia

Appellate Division of the Supreme Court of New York

People v. Garcia

110 A.D.2d 659, 487 N.Y.S.2d 391, 1985 N.Y. App. Div. LEXIS 48554

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

DecidedApril 1, 1985

StatusPublished

Cited by1 cases

This text of 110 A.D.2d 659 (People v. Garcia) 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. Garcia, 110 A.D.2d 659, 487 N.Y.S.2d 391, 1985 N.Y. App. Div. LEXIS 48554 (N.Y. Ct. App. 1985).

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Opinion

Having reviewed the record before us, we conclude that Criminal Term’s denial of defendant’s motion to suppress physical evidence should not be disturbed on appeal. The evidence was properly recovered during a search incident to a lawful arrest based upon probable cause. Furthermore, in view of defense counsel’s repeated accusations during summation that the prosecution witnesses had fabricated their story, the prosecutor’s remarks in her summation were a fair response and did not prejudice the defendant (see, People v Marks, 6 NY2d 67, 77, cert denied 362 US 912). We have considered and find no merit in the additional contentions raised by defendant. Thompson, J. P. Bracken, O’Connor and Weinstein, JJ., concur.

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Having reviewed the record before us, we conclude that Criminal Term’s denial of defendant’s motion to suppress physical evidence should not be disturbed on appeal. The evidence was properly recovered during a search incident to a lawful arrest based upon probable cause. Furthermore, in view of defense counsel’s repeated accusations during summation that the prosecution witnesses had fabricated their story, the prosecutor’s remarks in her summation were a fair response and did not prejudice the defendant (see, People v Marks, 6 NY2d 67, 77, cert denied 362 US 912). We have considered and find no merit in the additional contentions raised by defendant. Thompson, J. P. Bracken, O’Connor and Weinstein, JJ., concur.

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Bluebook (online)

110 A.D.2d 659, 487 N.Y.S.2d 391, 1985 N.Y. App. Div. LEXIS 48554, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-garcia-nyappdiv-1985.

Opinion

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