PEOPLE v. CUENEA

15622, 4140N/11

130 A.D.3d 412 (2015)

12 N.Y.S.3d 97

2015 NY Slip Op 05768

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARCO CUENEA, Appellant.

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

Decided July 2, 2015.


The court properly denied defendant's suppression motion. The warrantless seizure of an opaque package in defendant's workplace was proper under an intersection of the plain view and fellow officer doctrines. An undercover officer advised other members of his team, who were lawfully present in premises open to the public, that certain drugs he had arranged to buy were in that particular bag. The undercover officer's conclusion about the contents of the bag was reasonable...

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