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People v. Hughes

Appellate Division of the Supreme Court of New York, First Department
Jan 26, 1995
211 A.D.2d 576 (N.Y. App. Div. 1995)

Opinion

January 26, 1995

Appeal from the Supreme Court, New York County (Charles Tejada, J.).


The suppression court properly denied defendant's motion to suppress the bag of cocaine that he dropped when the police, who were conducting a valid neighborhood canvas in search of the complainant's assailants, directed a searchlight at him while he stood under a dark construction awning. The use of searchlights to enhance an officer's normal vision does not constitute a search (People v. Miller, 52 A.D.2d 425, 428-429, affd 43 N.Y.2d 425; People v. Price, 54 N.Y.2d 557, 563). Accordingly, defendant did not drop the bag of cocaine as a result of any illegal police conduct, and once discarded, defendant lost his right to object to the opening of the bag that provided the police with probable cause to arrest him (see, People v. Martinez, 80 N.Y.2d 444, 448-449).

Concur — Sullivan, J.P., Ellerin, Kupferman and Williams, JJ.


Summaries of

People v. Hughes

Appellate Division of the Supreme Court of New York, First Department
Jan 26, 1995
211 A.D.2d 576 (N.Y. App. Div. 1995)
Case details for

People v. Hughes

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC HUGHES, Appellant

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

Date published: Jan 26, 1995

Citations

211 A.D.2d 576 (N.Y. App. Div. 1995)
622 N.Y.S.2d 12

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