PEOPLE v. EDWARDS

No. 87 SSM 6.

14 N.Y.3d 741 (2010)

925 N.E.2d 576

898 N.Y.S.2d 538

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. THOMAS EDWARDS, JR., Respondent.

Court of Appeals of New York.

Decided February 16, 2010.


Attorney(s) appearing for the Case

Frank A. Sedita, III , District Attorney, Buffalo ( Michael J. Hillery of counsel), for appellant.

Law Office of Susan V. Tipograph, New York City ( Susan V. Tipograph of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, the motion to suppress tangible property denied and the judgment of County Court reinstated.

Defendant was driving a vehicle that was stopped by the police based on probable cause to believe that a traffic infraction had occurred. During the course of the officers' investigation, cocaine residue was observed on defendant's hand and he was arrested. Crack cocaine...

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