People v. Hutson

Appellate Division of the Supreme Court of New York

People v. Hutson

270 A.D.2d 45, 704 N.Y.S.2d 50, 2000 N.Y. App. Div. LEXIS 2558

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

DecidedMarch 7, 2000

StatusPublished

Cited by6 cases

This text of 270 A.D.2d 45 (People v. Hutson) 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. Hutson, 270 A.D.2d 45, 704 N.Y.S.2d 50, 2000 N.Y. App. Div. LEXIS 2558 (N.Y. Ct. App. 2000).

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Opinion

—Judgment, Supreme Court, New York County (Bernard Fried, J.), rendered May 12, 1998, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree, and sentencing him, as a second violent felony offender, to a term of 7 years, unanimously affirmed.

Defendant’s suppression motion was properly denied. We find that the totality of the information obtained by the police on the scene provided probable cause (see, Brinegar v United States, 338 US 160, 175) to believe that defendant either personally threw a pistol under a vehicle or jointly possessed the pistol with two other men. Therefore, we need not reach the issue of whether defendant’s detention constituted an arrest. The police lawfully recovered a second pistol during a properly conducted inventory search of defendant’s car (see, [46]*46People v Galak, 80 NY2d 715), made after the police learned that during the incident resulting in the arrest defendant and his companions had produced the first pistol from defendant’s car. Concur — Rosenberger, J. P., Wallach, Andrias and Friedman, JJ.

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—Judgment, Supreme Court, New York County (Bernard Fried, J.), rendered May 12, 1998, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree, and sentencing him, as a second violent felony offender, to a term of 7 years, unanimously affirmed.

Defendant’s suppression motion was properly denied. We find that the totality of the information obtained by the police on the scene provided probable cause (see, Brinegar v United States, 338 US 160, 175) to believe that defendant either personally threw a pistol under a vehicle or jointly possessed the pistol with two other men. Therefore, we need not reach the issue of whether defendant’s detention constituted an arrest. The police lawfully recovered a second pistol during a properly conducted inventory search of defendant’s car (see, [46]*46People v Galak, 80 NY2d 715), made after the police learned that during the incident resulting in the arrest defendant and his companions had produced the first pistol from defendant’s car. Concur — Rosenberger, J. P., Wallach, Andrias and Friedman, JJ.

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Bluebook (online)

270 A.D.2d 45, 704 N.Y.S.2d 50, 2000 N.Y. App. Div. LEXIS 2558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hutson-nyappdiv-2000.

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