On July 13, 1970 several members of the New York State police were conducting a routine highway inspection of passing vehicles. Defendant's vehicle was stopped and defendant voluntarily got out, leaving the door open. One of the police officers entered the vehicle for the purpose of checking the brakes by depressing the brake pedal. While so engaged he observed in plain view a package of cigarettes protruding approximately one inch from behind the sun visor on the driver...
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