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PEOPLE v. McENIRY

240 A.D.2d 681 (1997)

659 N.Y.S.2d 487

The People of the State of New York, Respondent, v. Peter McEniry, Appellant

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

June 23, 1997

Ordered that the judgment is affirmed.

The defendant's contention that the drugs were illegally seized from his van and must therefore be suppressed is without merit. Upon the defendant's arrest, the police officer was authorized to enter the defendant's van, which had just collided with a police car and was extending into the street with its motor running (see, People v Shapiro, 141 A.D.2d 577). When the officer entered...

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