PEOPLE v. HENDERSON

2020-01913. Ind. No. 1085/18.

197 A.D.3d 663 (2021)

152 N.Y.S.3d 731

2021 NY Slip Op 04721

The People of the State of New York, Respondent, v. Nehemiah Henderson, Appellant.

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

Decided August 18, 2021.


Attorney(s) appearing for the Case

Leon H. Tracy , Jericho, NY, for appellant.

Joyce A. Smith , Acting District Attorney, Mineola, NY ( Cristin N. Connell of counsel; Matthew C. Frankel on the brief), for respondent.

Dillon, J.P., Miller, Barros and Connolly, JJ., concur.


Ordered that the judgment is affirmed.

According to testimony presented by the People at a suppression hearing, the defendant was a passenger in a vehicle that was stopped for an alleged traffic violation on the Southern State Parkway on May 31, 2018, at approximately 3:17 a.m. Upon approaching the vehicle, law enforcement officials smelled the odor of burning marijuana emanating from the vehicle and, therefore, asked the driver and the defendant to step out of the...

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