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PEOPLE v. JENKINS

77 A.D.2d 353 (1980)

The People of the State of New York, Respondent, v. Jeffrey Alan Jenkins, Appellant

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

November 13, 1980

Attorney(s) appearing for the Case

Klinger & Zagame (Susan K. Zagame of counsel), for appellant.

Robert G. Hurlbutt for respondent.

SIMONS, J. P., SCHNEPP, DOERR and WITMER, JJ. concur.

HANCOCK, JR., J.

A police officer, after a lawful stop of an automobile, observed a pipe in plain view which he recognized as a "hash pipe". After inspecting and smelling it, he detected that it contained marihuana residue. Was the seizure of the hash pipe as evidence lawful? This is the pivotal question in defendant's appeal from his conviction on a plea of guilty to one count of criminal possession of a controlled...

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