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People v. Love

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 16, 2000
273 A.D.2d 842 (N.Y. App. Div. 2000)

Opinion

June 16, 2000.

Appeal from Judgment of Supreme Court, Onondaga County, Brunetti, J. — Criminal Possession Controlled Substance, 3rd Degree.

PRESENT: PIGOTT, JR., P. J., PINE, HURLBUTT AND LAWTON, JJ.


Judgment unanimously affirmed. Memorandum: Supreme Court properly denied defendant's motion to suppress physical evidence. The court's findings of credibility are entitled to great weight and should not be disturbed where, as here, they are supported by the record ( see, People v. Prochilo, 41 N.Y.2d 759, 761; People v. Little, 259 A.D.2d 1031, lv denied 93 N.Y.2d 926). The court properly determined that defendant gave police permission to "check" his residence for suspects or victims of an attempted burglary and that the police did not exceed the scope of that authority when they observed cocaine on a kitchen counter. While consent to "check" is not consent to search ( see, e.g., People v. Saunders, 161 A.D.2d 1202; People v. Lazarus, 159 A.D.2d 1027, lv denied 76 N.Y.2d 738; People v. Guzman, 153 A.D.2d 320, 323-324, lv granted 75 N.Y.2d 926), we conclude that the police did not conduct a search. Rather, the police were lawfully present in the kitchen where they observed the drugs in plain view ( see, People v. Diaz, 81 N.Y.2d 106, 110; People v. Spoto, 187 A.D.2d 1017, lv denied 81 N.Y.2d 893).


Summaries of

People v. Love

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 16, 2000
273 A.D.2d 842 (N.Y. App. Div. 2000)
Case details for

People v. Love

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. TERRELL LOVE…

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

Date published: Jun 16, 2000

Citations

273 A.D.2d 842 (N.Y. App. Div. 2000)
710 N.Y.S.2d 491

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