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PEOPLE v. WELLS

Nos. 7743, 65925C/06.

95 A.D.3d 696 (2012)

944 N.Y.S.2d 560

2012 NY Slip Op 4070

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARL D. WELLS, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 24, 2012.

The court erred in relying on the inventory search doctrine in denying suppression of physical evidence recovered from the car defendant was driving, because the People did not introduce any evidence to establish a valid inventory search (see People v Johnson, 1 N.Y.3d 252, 256 [2003]). However, there was overwhelming evidence of defendant's guilt, independent of the physical evidence at issue. Although the harmless error rule regarding...

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