People v. Miner

Appellate Division of the Supreme Court of New York

People v. Miner

53 A.D.2d 702, 386 N.Y.S.2d 639, 1976 N.Y. App. Div. LEXIS 13462

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

DecidedJune 28, 1976

StatusPublished

This text of 53 A.D.2d 702 (People v. Miner) 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. Miner, 53 A.D.2d 702, 386 N.Y.S.2d 639, 1976 N.Y. App. Div. LEXIS 13462 (N.Y. Ct. App. 1976).

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Opinion

Appeal by defendant from a judgment of the County Court, Nassau County, rendered September 2, 1975, convicting her of criminal possession of a controlled substance in the third degree, upon a plea of guilty, and imposing sentence. This appeal brings up for review a decision of the same court, made June 12, 1975, which, after a hearing, denied defendant’s motion to suppress physical evidence. Judgment affirmed. No opinion. Cohalan, Margett and Damiani, JJ., concur; Hawkins, J., dissents and votes to reverse the judgment, grant the motion and dismiss the indictment, with the following memorandum, in which Martuscello, Acting P. J., concurs: In my opinion, the search of defendant’s handbag was not conducted incident to a lawful arrest, as there was then extant no probable cause to connect her with the theft of a fur shop some two weeks earlier. The recurrent pattern of conduct upon which the police relied was equivocal at best, and was not supplemented by any additional behavior raising "the level of inference from [one of] suspicion to probable cause” (see People v Corrado, 22 NY2d 308, 313). Accordingly, the motion to suppress physical evidence should have been granted in all respects (see People v Russell, 34 NY2d 261; People v Brown, 24 NY2d 421).

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Appeal by defendant from a judgment of the County Court, Nassau County, rendered September 2, 1975, convicting her of criminal possession of a controlled substance in the third degree, upon a plea of guilty, and imposing sentence. This appeal brings up for review a decision of the same court, made June 12, 1975, which, after a hearing, denied defendant’s motion to suppress physical evidence. Judgment affirmed. No opinion. Cohalan, Margett and Damiani, JJ., concur; Hawkins, J., dissents and votes to reverse the judgment, grant the motion and dismiss the indictment, with the following memorandum, in which Martuscello, Acting P. J., concurs: In my opinion, the search of defendant’s handbag was not conducted incident to a lawful arrest, as there was then extant no probable cause to connect her with the theft of a fur shop some two weeks earlier. The recurrent pattern of conduct upon which the police relied was equivocal at best, and was not supplemented by any additional behavior raising "the level of inference from [one of] suspicion to probable cause” (see People v Corrado, 22 NY2d 308, 313). Accordingly, the motion to suppress physical evidence should have been granted in all respects (see People v Russell, 34 NY2d 261; People v Brown, 24 NY2d 421).

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Bluebook (online)

53 A.D.2d 702, 386 N.Y.S.2d 639, 1976 N.Y. App. Div. LEXIS 13462, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-miner-nyappdiv-1976.

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