PEOPLE v. SCARBOROUGH


31 A.D.3d 301 (2006)

818 N.Y.S.2d 510

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JEFFREY SCARBOROUGH, Respondent. THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. LAVON SCARBOROUGH, Respondent.

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

July 20, 2006.


Police officers were on a late evening patrol and spotted a red Cadillac in which defendants were blocking entry to or exit from the Parkchester complex parking lot. The officers approached the illegally parked automobile, which was idling and had its windows down. The officer on the passenger side of the vehicle testified that he shined his flashlight into the car and saw what he believed to be a small bag containing white powder in a skeletal cup holder. Since he believed...

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