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PEOPLE v. GAINES

57 A.D.3d 1120 (2008)

869 N.Y.S.2d 646

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. HAROLD E. GAINES, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

December 11, 2008.

Cardona, P.J.

At issue on this appeal is whether evidence seized from defendant's car was obtained pursuant to a lawful search. County Court granted defendant's motion to suppress the evidence, finding no probable cause to search the vehicle. We do not agree. We therefore reverse the court's order and deny defendant's motion to suppress.

At the suppression hearing, police officer Justin Ashe testified, in relevant...

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