PEOPLE v. MUNDO


99 N.Y.2d 55 (2002)

780 N.E.2d 522

750 N.Y.S.2d 837

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE MUNDO, Appellant.

Court of Appeals of the State of New York.

Decided November 19, 2002.


Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City (David J. Klem and Robert S. Dean of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Alice Wiseman, Alan Gadlin and Eleanor J. Ostrow of counsel), for respondent.

Judges SMITH, LEVINE, ROSENBLATT and GRAFFEO concur with Judge WESLEY; Judge CIPARICK dissents and votes to reverse in a separate opinion in which Chief Judge KAYE concurs.


OPINION OF THE COURT

WESLEY, J.

Defendant, a passenger in a lawfully stopped vehicle, was arrested when the police found almost a kilogram of cocaine in the trunk. The courts below found that the furtive movements of defendant prior to the stop when coupled with evasive actions of the automobile warranted a limited search of the vehicle. Because we agree that the police action was proper, we affirm.

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