PEOPLE v. CONCEPCION

2007-07626

69 A.D.3d 956 (2010)

893 N.Y.S.2d 283

2010 NY Slip Op 701

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. REYNALDO CONCEPCION, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided January 26, 2010.


Ordered that the judgment is affirmed.

After a suppression hearing, the Supreme Court concluded that the People failed to establish that the defendant consented to a search of his vehicle, from which the police seized a quantity of cocaine, but that the cocaine would have been inevitably discovered during an inventory search. However, as the People correctly concede, the inevitable discovery doctrine may not be applied to primary evidence, that is, the very cocaine...

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