PEOPLE v. MELENDEZ


39 A.D.2d 899 (1972)

The People of the State of New York, Respondent, v. Wilfredo Melendez, Appellant

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

June 29, 1972


Affirmed.

Markewich, J., dissenting.

The case against this defendant should not have gone to the jury; indeed, the motion to suppress the physical evidence should have been granted as to him. The arresting officers found appellant at the wheel of a car with codefendant Cruz his passenger. While defendant was looking for identifying documents, the officer scanned the inside of the vehicle, using his flashlight for the purpose. The officer observed...

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