PEOPLE v. IVERSON


22 Misc.3d 470 (2008)

870 N.Y.S.2d 698

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. JERRY IVERSON, Defendant.

Rochester City Court.

November 18, 2008.


Attorney(s) appearing for the Case

Barbara E. Farrell, Rochester, for defendant.

Michael C. Green, District Attorney, Rochester (Sara Valencia of counsel), for plaintiff.

Thomas S. Richards, Corporation Counsel, Rochester (Michele Romance Crain of counsel), for City of Rochester.


OPINION OF THE COURT

ELLEN M. YACKNIN, J.

Introduction

At issue in this action is whether a municipal ordinance that authorizes the police to impound a vehicle when the driver is cited for a minor traffic infraction is delimited by the constitutional proscription against unreasonable searches and seizures. This constitutional issue, one of first impression in New York, arises because defendant was charged with the prohibited possession...

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