PEOPLE v. RODRIGUEZ

164 KA 15-01390.

180 A.D.3d 1343 (2020)

119 N.Y.S.3d 642

2020 NY Slip Op 00947

The People of the State of New York, Respondent, v. Edward L. Rodriguez, Appellant.

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

Decided February 7, 2020.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon a jury verdict of, inter alia, two counts of criminal possession of a weapon in the fourth degree (Penal Law § 265.01[4]), defendant argues that County Court erred in refusing to suppress physical evidence on Payton grounds. We affirm.

"The evil to which the [Payton] rule is addressed is the unsupervised...

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