PEOPLE v. WASHINGTON

3223, 738/06.

82 A.D.3d 570 (2011)

918 N.Y.S.2d 485

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TIMOTHY WASHINGTON, Appellant.

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

Decided March 22, 2011.


Defendant was a passenger in a car that the police lawfully stopped. After the police removed the occupants from the car and frisked them, an officer leaned into the car and saw a revolver, which he seized. Another officer had already obtained the driver's consent to search the car. However, the hearing evidence is clear that, at the time of the search, the searching officer was not aware of the consent. The officer who obtained the driver's consent neither communicated that...

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