People v. Ellis
New York Court of Appeals
POINTS OF COUNSEL The reversal of the suppression order by the court below was incorrect since there was no justification for either frisking appellant or breaking into his locked glove compartment.
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POINTS OF COUNSEL The reversal of the suppression order by the court below was incorrect since there was no justification for either frisking appellant or breaking into his locked glove compartment. (.People u McRay, 51 NY2d 594; People v Smith, 59 NY2d 454; People v Marsh, 20 NY2d 98; People v Troiano, 35 NY2d 476; United States v Robinson, 414 US 218; People v Belton, 55 NY2d 49; People v De Bour, 40 NY2d 210; People v Perel, 34 NY2d 462; Preston v United States, 376 US 364.) The police properly frisked defendant in placing him in custody and seized two bullets from his pocket. The…
1Opinion of the Court
OPINION OF THE COURT
Simons, J.
Defendant has been charged with criminal possession of a weapon in the third degree (Penal Law, § 265.02). He appeals from an order of the Appellate Division reversing an order of Supreme Court which suppressed the weapon, a .38 caliber two-shot Derringer pistol, seized by the police after they broke open the locked glove compartment of his rented car. The courts below agreed that the police had probable cause to arrest defendant and to search the interior of the vehicle. The Appellate Division, with two Judges dissenting, disagreed with the suppression court,…
2Cases cited12 opinions
- United States v. RossSupreme Court of the United States · 1982
- People v. BeltonNew York Court of Appeals · 1982
- People v. ElwellNew York Court of Appeals · 1980
- People v. LangenNew York Court of Appeals · 1983
- People v. TroianoNew York Court of Appeals · 1974
7 more not listed; retrieve them via the Exa API.
3Cited by152 opinions
- People v. BlasichNew York Court of Appeals · 1989
- Wachtler v. County Of HerkimerCourt of Appeals for the Second Circuit · 1994
- People v. GalakNew York Court of Appeals · 1993
- Wachtler v. County of HerkimerCourt of Appeals for the Second Circuit · 1994
- People v. CarveyNew York Court of Appeals · 1997
147 more not listed; retrieve them via the Exa API.