People v. McDaniel

Appellate Division of the Supreme Court of New York

People v. McDaniel

54 A.D.2d 741, 387 N.Y.S.2d 656, 1976 N.Y. App. Div. LEXIS 14375

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

DecidedOctober 18, 1976

StatusPublished

This text of 54 A.D.2d 741 (People v. McDaniel) 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. McDaniel, 54 A.D.2d 741, 387 N.Y.S.2d 656, 1976 N.Y. App. Div. LEXIS 14375 (N.Y. Ct. App. 1976).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered May 20, 1974, convicting him of attempted possession of weapons, etc., as a felony, upon a plea of guilty, and imposing sentence. This appeal brings up for review a determination of the same court, which, after a hearing, denied defendant’s motion to suppress physical evidence. Judgment reversed, on the law, motion granted, and indictment dismissed. The findings of fact are affirmed. A revolver was discovered during the course of a vehicle check which was prompted merely by caprice or curiosity and, as such, violated defendant’s Fourth Amendment protection against unreasonable searches and seizures (see People v Ingle, 36 NY2d 413). Since the stop was constitutionally impermissible, all evidence thereby seized should have been suppressed. With commendable candor, the District Attorney agrees that the above disposition must be [742]*742made. Latham, Acting P. J., Cohalan, Damiani, Shapiro and Titone, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered May 20, 1974, convicting him of attempted possession of weapons, etc., as a felony, upon a plea of guilty, and imposing sentence. This appeal brings up for review a determination of the same court, which, after a hearing, denied defendant’s motion to suppress physical evidence. Judgment reversed, on the law, motion granted, and indictment dismissed. The findings of fact are affirmed. A revolver was discovered during the course of a vehicle check which was prompted merely by caprice or curiosity and, as such, violated defendant’s Fourth Amendment protection against unreasonable searches and seizures (see People v Ingle, 36 NY2d 413). Since the stop was constitutionally impermissible, all evidence thereby seized should have been suppressed. With commendable candor, the District Attorney agrees that the above disposition must be [742]*742made. Latham, Acting P. J., Cohalan, Damiani, Shapiro and Titone, JJ., concur.

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Bluebook (online)

54 A.D.2d 741, 387 N.Y.S.2d 656, 1976 N.Y. App. Div. LEXIS 14375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcdaniel-nyappdiv-1976.

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