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PEOPLE v. JOHNSON (JAMES)

1 N.Y.3d 252 (2003)

803 N.E.2d 385

771 N.Y.S.2d 64

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES JOHNSON, Appellant.

Court of Appeals of the State of New York.

Decided December 22, 2003.

Attorney(s) appearing for the Case

Legal Aid Society Criminal Appeals Bureau, New York City (Richard Joselson, Laura R. Johnson and Judith Stern of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Donald J. Siewert and Mark Dwyer of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, ROSENBLATT, GRAFFEO and READ concur.

OPINION OF THE COURT

G.B. SMITH, J.

Following an arrest for driving with a suspended license, the police recovered a loaded gun in defendant's vehicle. The issue in this case is whether the evidence was seized pursuant to a valid inventory search. We agree with the suppression court and the defendant that the evidence adduced at the hearing was insufficient to establish that the alleged inventory search was valid...

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