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People v. Berroa

Appellate Division of the Supreme Court of New York, Second Department
Mar 15, 1999
259 A.D.2d 624 (N.Y. App. Div. 1999)

Opinion

March 15, 1999

Appeal from the Supreme Court, Queens County (O'Dwyer, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the court properly denied suppression of the physical evidence seized by the police. The evidence presented at the Mapp hearing demonstrated that the police officers' request for information from the defendant was supported by an objective, credible reason ( see, People v. Hollman, 79 N.Y.2d 181; People v. De Bour, 40 N.Y.2d 210; People v. Harris, 151 A.D.2d 777). The court's determination to give full credence to a police officer's testimony that he saw an ammunition case when the defendant opened the glove compartment of his vehicle in response to the officer's request for his driver's license, registration, and insurance card is supported by the record and should not be disturbed ( see, People v. Prochilo, 41 N.Y.2d 759, 761; People v. Middleton, 180 A.D.2d 761, 762; People v. Gonzalez, 179 A.D.2d 775). Upon observation of the ammunition case, the police had probable cause to believe that the case contained bullets and that there was a gun in the car, thereby justifying the search of the car which led to the recovery of a gun ( see, People v. Hicks, 68 N.Y.2d 234, 239; People v. Bigelow, 66 N.Y.2d 417, 423; People v. Carrasquillo, 54 N.Y.2d 248, 254; People v. Dong Shin, 192 A.D.2d 684).

S. Miller, J. P., Santucci, Krausman and Luciano, JJ., concur.


Summaries of

People v. Berroa

Appellate Division of the Supreme Court of New York, Second Department
Mar 15, 1999
259 A.D.2d 624 (N.Y. App. Div. 1999)
Case details for

People v. Berroa

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOVANNY BERROA…

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

Date published: Mar 15, 1999

Citations

259 A.D.2d 624 (N.Y. App. Div. 1999)
686 N.Y.S.2d 787

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