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People v. Barton

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 15, 1994
203 A.D.2d 911 (N.Y. App. Div. 1994)

Opinion

April 15, 1994

Appeal from the Jefferson County Court, Aylward, J.

Present — Denman, P.J., Balio, Lawton, Doerr and Davis, JJ.


Judgment unanimously reversed on the law, plea vacated, motion to suppress granted and matter remitted to Jefferson County Court for further proceedings on indictment. Memorandum: The search of defendant's vehicle was not a valid inventory search because the police failed to generate a meaningful inventory of the vehicle's contents and allowed the officer conducting the search undue discretion (see, People v Galak, 80 N.Y.2d 715, 718-719). Consequently, defendant's motion to suppress the seized items should have been granted.


Summaries of

People v. Barton

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 15, 1994
203 A.D.2d 911 (N.Y. App. Div. 1994)
Case details for

People v. Barton

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH BARTON…

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

Date published: Apr 15, 1994

Citations

203 A.D.2d 911 (N.Y. App. Div. 1994)
611 N.Y.S.2d 385

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