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People v. Snyder

Court of Appeals of the State of New York
Jun 11, 1992
600 N.E.2d 620 (N.Y. 1992)

Opinion

Decided June 11, 1992


Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Patrick D. Monserrate, J. Gerald F. Mollen, District Attorney (Carol A. Cocchiola of counsel), for appellant.

Robert M. O'Leary, Public Defender (Kenneth S. Kagan and Charlene A. Russell of counsel), for respondent.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed. Defendant's conviction for assault in the second degree was properly reversed. In light of the fact that there is support in the record for the lower courts' determination that the police lacked probable cause to believe that defendant's vehicle contained a weapon or evidence of a crime, they had no basis for subjecting it to a search (see, People v Torres, 74 N.Y.2d 224; cf., People v Coutin, 78 N.Y.2d 930).

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA.


Summaries of

People v. Snyder

Court of Appeals of the State of New York
Jun 11, 1992
600 N.E.2d 620 (N.Y. 1992)
Case details for

People v. Snyder

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. BILLY J. SNYDER…

Court:Court of Appeals of the State of New York

Date published: Jun 11, 1992

Citations

600 N.E.2d 620 (N.Y. 1992)
600 N.E.2d 620
587 N.Y.S.2d 893

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