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1
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OPINION
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EXTRACTED KEY WORDS
RESPONDENT NY2D JUDGE PUBLICATION YORK REPORTS CAROL COCCHIOLA KENNETH KAGAN REVIEW SUBMISSIONS PURSUANT CONVICTION ASSAULT SUPPORT LOWER COURTS DETERMINATION WEAPON EVIDENCE CRIME BASIS SUBJECTING TORRES COUTIN CHIEF JUDGE WACHTLER JUDGES SIMONS KAYE TITONE HANCOCK BELLACOSA CONCUR |
THE PEOPLE &C., APPELLANT, v. BILLY J. SNYDER, RESPONDENT.
80 N.Y.2d 815, 600 N.E.2d 620, 587 N.Y.S.2d 893 (1992).
June 11, 1992
3 No. 217 SSM 27
Decided June 11, 1992
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This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Submitted by Carol A. Cocchiola, for Appellant.
Submitted by Kenneth S. Kagan, for Respondent.
* * * * * * * * * * * * * * * * *
On review of submissions pursuant to section 500.4 of the Rules, 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 NY2d 224; cf., People v Coutin, 78
NY2d 930). Chief Judge Wachtler and Judges Simons, Kaye, Titone,
Hancock and Bellacosa concur.
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