People v. Sommerville

170 Misc. 2d 1024, 652 N.Y.S.2d 931, 1996 N.Y. Misc. LEXIS 503
CourtNew York Supreme Court
DecidedDecember 18, 1996
StatusPublished
Cited by2 cases

This text of 170 Misc. 2d 1024 (People v. Sommerville) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Sommerville, 170 Misc. 2d 1024, 652 N.Y.S.2d 931, 1996 N.Y. Misc. LEXIS 503 (N.Y. Super. Ct. 1996).

Opinion

OPINION OF THE COURT

John M. Leventhal, J.

[1025]*1025The defendant Steven Sommerville stands charged in a nine-count indictment with the crimes, inter alia, of burglary in the first degree, assault in the second degree, criminal contempt in the second degree, and intimidating a witness in the third degree. A Mapp hearing was held before this court on October 23, 1996. Oral argument was held and memoranda of law were submitted by both sides. The issue to be determined is whether the reading of specific entries in the defendant’s "weekly appointment calendar” constitutes a proper police precinct inventory search of items secured from defendant’s knapsack upon his earlier arrest. Based upon the credible evidence of record, the court makes the following findings:

FINDINGS OF FACT

The sole witness to testify at the Mapp hearing was Detective Joseph Quinn of the 75th Detective Squad. The court finds Detective Quinn to be a credible witness.

On April 30, 1996, Detective Quinn arrested the defendant at New York Technical College for the crimes charged herein. The defendant had a knapsack in his possession when he was placed under arrest. The various contents of the knapsack were placed on a table, then replaced in the knapsack where they were brought to the precinct for vouchering while defendant’s arrest was being processed.

The inventory search was conducted as follows: Detective Quinn opened the knapsack and itemized all the objects. Receipts (vouchers) were prepared. Books such as the defendant’s textbooks and weekly appointment calendar were opened, turned upside down, shaken and then feathered. At the hearing Quinn stated that he had looked at every page of the defendant’s books because the procedure employed for the inventory of books also required him "to look at every page”. He looked at every page of defendant’s textbooks, but did not read the pages.

After completing the inspection of the textbooks relating to the inventory search, Quinn turned his attention to the defendant’s 1996 weekly appointment calendar book. Written entries appeared only in the period from January 1-14 and March 28 through the end of April. He read the entries in the weekly reminder of April 22-24. Said entries were all on the same page. Quinn thought that these entries might be significant to his investigation, as the date of the purported crime occurred on April 22, 1996. The entry of April 22, 1996 read in [1026]*1026part: "This morning I finally caught up to the bitch and fucked her up. Not bad enough. I might regret letting her live.”

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Related

People v. Kleiner
172 Misc. 2d 352 (New York Supreme Court, 1997)
United States v. Santos
961 F. Supp. 71 (S.D. New York, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
170 Misc. 2d 1024, 652 N.Y.S.2d 931, 1996 N.Y. Misc. LEXIS 503, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sommerville-nysupct-1996.