PEOPLE v. PENA


168 A.D.2d 744 (1990)

The People of the State of New York, Respondent, v. Arismendy Pena, Appellant

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

December 13, 1990


Defendant argues that the State Troopers illegally conducted a warrantless search of the vehicle he was driving after it was stopped for speeding. This same issue was addressed by this court in the case of codefendant Thomas Mercado (see, People v Mercado, 165 A.D.2d 910), wherein we rejected the People's claim that the search was supported by probable cause. Given that this issue...

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