PEOPLE v. TASHBAEVA

2011RI003472

35 Misc.3d 812 (2012)

938 N.Y.S.2d 873

2012 NY Slip Op 22022

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. IRYNA TASHBAEVA, Defendant.

Criminal Court of the City of New York, Richmond County.

Decided January 31, 2012.


Attorney(s) appearing for the Case

Legal Aid Society, Staten Island ( Hannah Simpson of counsel), for defendant.

Daniel M. Donovan, Jr. , District Attorney, Staten Island ( Matt Ross of counsel), for plaintiff.


OPINION OF THE COURT

MARIO F. MATTEI, J.

In the case before this court, the police made a plain view observation of incriminating evidence inside the defendant's vehicle prior to arresting her for driving while intoxicated. Rather than effecting a contemporaneous seizure of the evidence, the arresting officer waited to do so until the following morning when he returned to the vehicle to retrieve and voucher the items. During the interval between the defendant...

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