PEOPLE v. GONZALEZ


62 N.Y.2d 386 (1984)

The People of the State of New York, Respondent, v. Miguel Gonzalez, Appellant.

Court of Appeals of the State of New York.

Decided June 14, 1984.


Attorney(s) appearing for the Case

Bertrand J. Kahn and William E. Hellerstein for appellant.

Mario Merola, District Attorney (Roger L. Stavis and Peter D. Coddington of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES and KAYE concur with Judge SIMONS; Judge WACHTLER dissents and votes to reverse in a separate opinion in which Judge MEYER concurs.


SIMONS, J.

Defendant appeals from an order of the Appellate Division affirming a judgment of Supreme Court, bringing up for review a prior order denying suppression, which convicted him of criminal possession of a controlled substance in the fifth degree (cocaine). The issue is whether the police lawfully searched a closed container found in defendant's car, without a warrant, as part of an inventory search....

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