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PEOPLE v. DIAZ

Ind. No. 2604/13. Appeal No. 8065. Case No. 2016-1274.

203 A.D.3d 611 (2022)

164 N.Y.S.3d 605

2022 NY Slip Op 02071

The People of the State of New York, Respondent, v. Adan Diaz, Appellant.

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

Decided March 24, 2022.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( V. Marika Meis of counsel), for appellant.

Alvin L. Bragg, Jr. , District Attorney, New York ( R. Jeannie Campbell-Urban of counsel), for respondent.

Concur—Gische, J.P., Friedman, Oing, Singh, Moulton, JJ.

This Court previously held defendant's appeal in abeyance (168 A.D.3d 478 [1st Dept 2019]) pending a hearing on defendant's suppression motion. Upon remand, the hearing court properly denied defendant's motion to suppress heroin found in a bag inside his car.

The court correctly applied the automobile exception to the warrant requirement (see People v Blasich, 73 N.Y.2d 673, 678-679 [1989...

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