PEOPLE v. VALETTE

Nos. 5628, 29/08

88 A.D.3d 461 (2011)

931 N.Y.S.2d 6

2011 NY Slip Op 6947

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDGAR VALETTE, Appellant.

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

Decided October 4, 2011.


The court properly denied defendant's suppression motion. During a lawful car stop, the police detected the odor of marijuana emanating from the vehicle; moreover, defendant admitted that he and the codefendant had been smoking marijuana. Accordingly, the police clearly had probable cause to search the vehicle under the automobile exception, and this included a search of the trunk (see United States v Ross, 456 U.S. 798, 825 [1982];...

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