PEOPLE v. VANDERPOOL

2016-07151, Ind. No. 10092/15.

157 A.D.3d 831 (2018)

69 N.Y.S.3d 103

2018 NY Slip Op 00319

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN D. VANDERPOOL, Appellant.

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

Decided January 17, 2018.


Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50(5).

After a hearing, the Supreme Court properly denied that branch of the defendant's omnibus motion which was to suppress physical evidence. The credible evidence at the hearing established that police officers properly stopped the vehicle in which the defendant was riding based on an apparent violation of Vehicle and...

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