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People v. Snyder

80 N.Y.2d 815 Court N.Y. Decision date 1992-06-11 English

Contents

Majority

p. 815
The People of the State of New York, Appellant, v Billy J. Snyder, Respondent.
Decided June 11, 1992
p. 816
APPEARANCES OF COUNSEL
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.

OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 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 NY2d 224 ; cf., People v Coutin, 78 NY2d 930 ).

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Titone, Hancock, Jr., and Bellacosa.

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