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PEOPLE v. CHAPMAN

7158. 2718/15.

164 A.D.3d 1181 (2018)

82 N.Y.S.3d 707

2018 NY Slip Op 06317

The People of the State of New York, Respondent, v. Keith Chapman, Appellant.

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

Decided September 27, 2018.

The court properly denied defendant's suppression motion. The odor of marijuana emanating from a lawfully stopped car gave the police probable cause to search the car and its occupants (see e.g. People v Smith, 66 A.D.3d 514 [1st Dept 2009], lv denied 13 N.Y.3d 942 [2010]). In any event, the police were justified in conducting a protective frisk based on defendant's pattern of behavior,...

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