PEOPLE v. SMITH

109687.

177 A.D.3d 1190 (2019)

114 N.Y.S.3d 497

2019 NY Slip Op 53939

The People of the State of New York, Respondent, v. Shain A. Smith, Appellant.

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

Decided November 27, 2019.


Defendant was riding in the front passenger seat of a vehicle that was the subject of a traffic stop in the City of Elmira, Chemung County. The police officer who effected the stop detected the smell of marihuana in the vehicle and learned that Donte Buckley, the backseat passenger, had marihuana in his possession. A search of the vehicle...

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