People v. Ballard — 174 A.D.2d 1025

Majority

p. 1025

The People of the State of New York, Respondent, v Harry J. Ballard, Jr., Appellant.

—Judgment unanimously affirmed. Memorandum: We reject defendant’s contention that the inventory search of his vehicle was pretextual and unlawful. Upon impounding a vehicle, the police may conduct an inventory search of it and of any containers found therein (see, People v Gonzalez, 62 NY2d 386 , 388-390; see also, People v Townsend, 152 AD2d 515 , appeal dismissed 76 NY2d 746 ; South Dakota v Opperman, 428 US 364 ; cf., People v Lloyd,

p. 1026

167 AD2d 856 ). When such search is challenged, the People have the burden of showing that it was "conducted pursuant to standardized procedures” (People v Lloyd, supra, at 857 ; see, Florida v Wells, 495 US 1 , 109 L Ed 2d 1 ; Colorado v Bertine, 479 US 367 , 374, n 6; Illinois v Lafayette, 462 US 640 , 643-644, 648; South Dakota v Opperman, supra, at 374-375 ). The People established at the suppression hearing that the challenged search was conducted consistently with the police department’s standardized guidelines, which directed that, prior to towing, officers are to inspect all accessible areas of the vehicle and remove any loose articles of value. The suppression court properly determined that the search was within permissible limits.

Moreover, the record fully supports the determination of the suppression court that the police officers acted lawfully when they stopped and arrested defendant (cf., People v Howell, 49 NY2d 778 ; People v Carvajales, 152 AD2d 675 , lv denied 75 NY2d 768 ; People v Mikel, 152 AD2d 603 ).

We have examined the other contentions raised by defendant and find them to be without merit. (Appeal from Judgment of Monroe County Court, Wisner, J.—Criminal Possession Controlled Substance, 1st Degree.) Present—Callahan, J. P., Denman, Green, Pine and Lowery, JJ.

Cases cited

People v. Gonzalez 62 NY2d 386 N.Y. 1984-06-14 at 388-390 p. 1025
People v. Townsend 152 AD2d 515 N.Y. App. Div. 1989-07-27 p. 1025
South Dakota v. Opperman 428 US 364 SCOTUS 1976-07-06 p. 1025
People v. Lloyd 167 AD2d 856 N.Y. App. Div. 1990-11-16 p. 1026
Florida v. Wells 495 US 1 SCOTUS 1990-04-18 at 109 p. 1026
Colorado v. Bertine 479 US 367 SCOTUS 1987-01-14 at 374 p. 1026
Illinois v. Lafayette 462 US 640 SCOTUS 1983-06-20 at 643-644, 648 p. 1026
People v. Howell 49 NY2d 778 N.Y. 1980-02-14 p. 1026
People v. Mikel 152 AD2d 603 N.Y. App. Div. 1989-07-03 p. 1026