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PEOPLE v. RODRIGUEZ

5011, 5179/06, 5011A, 3344/07.

84 A.D.3d 500 (2011)

922 N.Y.S.2d 384

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL RODRIGUEZ, Appellant.

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

Decided May 10, 2011.

The court properly denied defendant's suppression motion. The record supports each of the theories on which the court denied suppression.

A detective investigating a murder came upon defendant, who was visibly committing the violation of unlawful possession of marijuana (Penal Law § 221.05). Accordingly, the detective had probable cause to believe that defendant committed a violation in his presence (see CPL...

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