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PEOPLE v. GOMEZ

5 N.Y.3d 416 (2005)

838 N.E.2d 1271

805 N.Y.S.2d 24

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FELIX GOMEZ, Appellant.

Court of Appeals of the State of New York.

Decided October 25, 2005.

Attorney(s) appearing for the Case

Gayle Pollack, New York City, and Robert S. Dean for appellant.

Robert M. Morgenthau, District Attorney, New York City (Megan E. Joy and Gina Mignola of counsel), for respondent.

Before: Chief Judge KAYE and Judges G.B. SMITH, ROSENBLATT, GRAFFEO and R.S. SMITH concur with Judge CIPARICK; Judge READ dissent in a separate opinion.

OPINION OF THE COURT

CIPARICK, J.

The question presented by this appeal is whether a police officer may conduct a destructive search of an automobile based on a suspect's general consent to search. We conclude as a matter of law that the search here exceeded the scope of defendant's consent.

Just past midnight on September 27, 2001, Sergeant William Planeta and his partner, Officer Joseph Agresta, spotted a black 1993 Honda with tinted windows. A...

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