PEOPLE v. PERTILLAR

473 KA 19-00154.

194 A.D.3d 1422 (2021)

143 N.Y.S.3d 657

2021 NY Slip Op 02943

The People of the State of New York, Respondent, v. Kemar Pertillar, Appellant.

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

Decided May 7, 2021.


Attorney(s) appearing for the Case

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE ( BRADLEY E. KEEM OF COUNSEL), FOR DEFENDANT-APPELLANT.

WILLIAM J. FITZPATRICK , DISTRICT ATTORNEY, SYRACUSE ( JESSICA N. CARBONE OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Centra, Peradotto, Lindley and DeJoseph, JJ.


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

Memorandum: Defendant appeals from a judgment convicting him upon a plea of guilty of criminal possession of a controlled substance in the third degree (Penal Law § 220.16[1]). Defendant contends that County Court erred in refusing to suppress items recovered from a search of defendant's person as the fruit of an unlawful traffic stop inasmuch as the police lacked probable cause...

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