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PEOPLE v. PONDER

Ind. No. 330/17. Appeal No. 13023. Case No. 2019-3056.

195 A.D.3d 123 (2021)

146 N.Y.S.3d 628

2021 NY Slip Op 02880

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANNY PONDER, Appellant.

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

Decided May 6, 2021.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York City ( Brittany Francis of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Patrick J. Hynes and Andrew E. Seewald of counsel), for respondent.

MAZZARELLI, MOULTON and SHULMAN, JJ., concur.

OPINION OF THE COURT

Defendant asks this Court to reject a per se rule that the search of the entire vehicle, including the trunk, is permissible in every circumstance where police have probable cause to believe that the occupant of the car has committed a crime. Defendant argues that the automobile exception to the Fourth...

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