PEOPLE v. LAZARUS


159 A.D.2d 1027 (1990)

The People of the State of New York, Respondent, v. Ronald Lazarus, Appellant

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

March 16, 1990


Judgment unanimously reversed on the law and indictment dismissed.

Memorandum:

Defendant's motion to suppress the physical evidence seized from defendant's vehicle and from his person should have been granted. Although the vehicle was lawfully stopped for speeding, the officer's alleged observation of cigarette-rolling paper in the center console and a hand-rolled cigarette butt in the ashtray did not constitute probable cause for a search of the vehicle ...

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