Property Clerk of New York City Police Department v. Vogel

— Order, Supreme Court, New York County (Martin Schoenfeld, J.), entered May 15, 1990, which granted defendant’s motion to dismiss, unanimously reversed, on the law, the motion is denied, without costs and disbursements, and the complaint reinstated.

The facts here are uncontested. On June 21, 1989, at about 11:35 a.m. defendant, a school teacher at George Washington High School in Manhattan, was arrested after a police officer observed him enter his automobile, which he had parked hours earlier in the teachers’ parking lot, and sniff cocaine. After defendant and the vehicle were searched,…