People v. Concepcion

After a suppression hearing, the Supreme Court concluded that the People failed to establish that the defendant consented to a search of his vehicle, from which the police seized a quantity of cocaine, but that the cocaine would have been inevitably discovered during an inventory search. However, as the People correctly concede, the inevitable discovery doctrine may not be applied to primary evidence, that is, the very cocaine recovered from the defendant’s vehicle (see People v Turriago, 90 NY2d 77, 86 [1997]; People v Stith, 69 NY2d 313, 318 [1987]; People v Solano, 148 AD2d 761, 763…