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PEOPLE v. GRAHAM

16 A.D.3d 237 (2005)

792 N.Y.S.2d 395

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BOBBY GRAHAM, Appellant.

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

March 17, 2005.

Although the hearing court expressly decided (see CPL 470.05 [2]) that the police recovered a revolver pursuant to a valid inventory search of a car driven by defendant, the evidence regarding an inventory search was insufficient to support that conclusion (see People v Johnson, 1 N.Y.3d 252 [2003]). The People may not rely, for the first time on appeal, on the automobile exception to the warrant requirement, because neither...

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