People v. Gomez

Appellate Division of the Supreme Court of New York

People v. Gomez

11 A.D.3d 333, 782 N.Y.S.2d 744, 2004 N.Y. App. Div. LEXIS 12158

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

DecidedOctober 19, 2004

StatusPublished

This text of 11 A.D.3d 333 (People v. Gomez) 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. Gomez, 11 A.D.3d 333, 782 N.Y.S.2d 744, 2004 N.Y. App. Div. LEXIS 12158 (N.Y. Ct. App. 2004).

Pincite

Opinion

Judgment, Supreme Court, New York County (Michael R. Ambrecht, J, at hearing; John A.K. Bradley, J, at plea and [334]*334sentence), rendered July 15, 2003, convicting defendant of criminal possession of a controlled substance in the second degree, and sentencing him to a term of 7 years to life, unanimously affirmed.

The court properly denied defendant’s suppression motion. There is no basis for disturbing the court’s credibility determinations, which are supported by the record (see People v Prochilo, 41 NY2d 759, 761 [1977]). The People met their burden of establishing that defendant voluntarily consented to a search of his car (see People v Gonzalez, 39 NY2d 122 [1976]). The circumstances were not coercive, and the record supports the court’s finding that the officer spoke Spanish well enough to communicate with defendant in that language with regard to his consent to the officer’s search. In view of defendant’s failure to place any limitations on the search, and his failure to object to the search as it was conducted, we conclude that the officer did not exceed the scope of defendant’s consent when he searched in the area of a hidden compartment (see People v Mitchell, 211 AD2d 553 [1995], lv denied 86 NY2d 738 [1995]). Concur—Nardelli, J.P., Saxe, Sullivan, Ellerin and Sweeny, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme Court, New York County (Michael R. Ambrecht, J, at hearing; John A.K. Bradley, J, at plea and [334]*334sentence), rendered July 15, 2003, convicting defendant of criminal possession of a controlled substance in the second degree, and sentencing him to a term of 7 years to life, unanimously affirmed.

The court properly denied defendant’s suppression motion. There is no basis for disturbing the court’s credibility determinations, which are supported by the record (see People v Prochilo, 41 NY2d 759, 761 [1977]). The People met their burden of establishing that defendant voluntarily consented to a search of his car (see People v Gonzalez, 39 NY2d 122 [1976]). The circumstances were not coercive, and the record supports the court’s finding that the officer spoke Spanish well enough to communicate with defendant in that language with regard to his consent to the officer’s search. In view of defendant’s failure to place any limitations on the search, and his failure to object to the search as it was conducted, we conclude that the officer did not exceed the scope of defendant’s consent when he searched in the area of a hidden compartment (see People v Mitchell, 211 AD2d 553 [1995], lv denied 86 NY2d 738 [1995]). Concur—Nardelli, J.P., Saxe, Sullivan, Ellerin and Sweeny, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

11 A.D.3d 333, 782 N.Y.S.2d 744, 2004 N.Y. App. Div. LEXIS 12158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gomez-nyappdiv-2004.

Opinion

Related

Cite This Page — Counsel Stack