People v. Talbert

OPINION OF THE COURT

Joseph Harris, J.

Defendant moves to suppress tangible property, consisting of cocaine and marihuana, seized from his person by the police as an incident to his arrest.

Defendant was a passenger in an automobile stopped by a trooper of the New York State Police on the New York State Thruway for speeding. While seeking to check the driver’s registration and operator’s license, the trooper spied a “stick” 24 to 30 inches in length, taped on both ends, located on the floor of the car between the front seat and front door. Pursuant to his training in the New York State Police,…