People v. Carter

Mikoll, J. (dissenting).

I respectfully dissent. In my view the rule established in People v Millan (69 NY2d 514) and People v Mosley (68 NY2d 881, cert denied 482 US 914) applies to defendant in the instant circumstances as to the package initially seized from the vehicle at the scene of the stop. Defendant’s timely protest that the search was illegal was sufficient to vitiate the consent obtained from codefendant Lafayette Lewis (see, People v Sora, 176 AD2d 1172,1172-1174, lv denied 79 NY2d 864; see also, People v Millan, supra, at 519-521; People v Mosley, supra; People v Saunders, 161…