PEOPLE v. GARCIA


281 A.D.2d 234 (2001)

722 N.Y.S.2d 13

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY GARCIA, Appellant.

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

Decided March 13, 2001.


Defendant's motion to suppress stolen money found on his person was properly denied. The record supports the court's finding that the money was recovered during a search incident to defendant's lawful arrest for possession of a weapon. Less than 20 minutes after defendant was taken to the police station, the police, while lawfully looking for a VIN number in an effort to ascertain the ownership of a car in which defendant had been a passenger, discovered a gun under the hood...

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