People v. Clough

Order, Supreme Court, New York County (Charles J. Tejada, J.), entered on or about June 9, 2008, which, to the extent appealed from, granted defendant’s motion to suppress, that portion of the physical evidence seized following his arrest, and dismissed the corresponding counts of the indictment, unanimously affirmed.

Although the People seek to justify the search at issue under the automobile exception to the warrant requirement, the only evidence that such a search actually occurred was expressly discredited by the hearing court.

“The hearing court plainly had doubts about the credibility of…