People v. Cuffie, 109 A.D.3d 1200 (N.Y. App. Div. 4th Dep't 2013). · Go Syfert
People v. Cuffie, 109 A.D.3d 1200 (N.Y. App. Div. 4th Dep't 2013). Cases Citing This Book View Copy Cite
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The odor of marihuana detected by trained officers provides probable cause to search a vehicle, and minor testimony contradictions do not invalidate the search.

During a traffic stop initiated by a failure to signal, police officers detected the odor of marihuana emanating from a vehicle. The defendant, a passenger, moved to suppress a firearm found during the subsequent search, arguing the stop was pretextual and the officers' testimony was contradictory. The court applies the rule that a traffic stop is lawful if probable cause exists for a violation, regardless of officer motivation, and that the odor of marihuana detected by trained officers provides probable cause to search the vehicle. The court finds the alleged testimony contradictions immaterial and affirms the conviction.

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At page 1201 Justifying traffic stop and probable cause for vehicle search21 citing cases“the odor of marihuana emanating from a vehicle, when detected by an officer qualified by training and experience to recognize it, is sufficient to constitute probable cause to search a vehicle and its occupants”the opinion's own words at *1201, quoted by 12 later opinions · 15 listed here
  • People v. Singleton, 237 A.D.3d 1509 (N.Y. App. Div. 4th Dep't 2025).published
    We conclude that, following the traffic stop, the police had probable cause to search defendant and the vehicle after they detected, based on their training and experience, the "odor of marihuana emanating from [the inside of the] vehicle"…
  • People v. Townsend, 225 A.D.3d 1156 (N.Y. App. Div. 4th Dep't 2024).published 2 cites
    A police officer testified at the suppression hearing that he was familiar with the smell of marihuana based on his "on-the-job experience," and that he detected that odor emanating from the vehicle as he approached it ( see People v Wrigh…
  • People v. Rodriguez-Rivera, 203 A.D.3d 1624 (N.Y. App. Div. 4th Dep't 2022).published
    We also conclude that, following the traffic stop, the officer had probable cause to search the vehicle after he detected—based on his training and experience—the " 'odor of marihuana emanating from [the inside of the] vehicle' " ( Ricks ,…
  • People v. Collins, 191 A.D.3d 1469 (N.Y. App. Div. 4th Dep't 2021).published
    A police officer testified at the suppression hearing that he was familiar with the smell of unburnt marihuana, and that he detected that odor emanating from the vehicle as he approached it ( see People v Wright , 158 AD3d 1125 , 1126-1127…
  • People v. Dolan, 2018 NY Slip Op 7204 (N.Y. App. Div. 3d Dep't 2018).published 2 cites
    Contrary to defendant's contention, the record supports the conclusion that the troopers — one of whom is a certified drug recognition expert — possessed the requisite training and experience to identify the distinctive odor of burnt marih…
  • People v. Ricks, 145 A.D.3d 1610 (N.Y. App. Div. 4th Dep't 2016).published 4 cites
    Contrary to defendant’s contention, it is well established that “[t]he odor of marihuana emanating from a vehicle, when detected by an officer qualified by training and experience to recognize it, is sufficient to constitute probable cause…
  • Ricks, Jr., Allen L., People v., No. KA 14-00834 (N.Y. App. Div. 4th Dep't Dec. 23, 2016).published 2 cites
    Contrary to defendant’s contention, it is well established that “[t]he odor of marihuana emanating from a vehicle, when detected by an officer qualified by training and experience to recognize it, is sufficient to constitute probable cause…
  • People v. Norman, 142 A.D.3d 1107 (N.Y. App. Div. 2d Dep't 2016).published
    Here, the record supports the hearing court’s determination that probable cause existed for the warrantless search of the defendant’s vehicle, based on an experienced narcotics officer’s detection of the odor of burnt marihuana emanating f…
  • People v. McLaren, 131 A.D.3d 548 (N.Y. App. Div. 2d Dep't 2015).published
    Contrary to the defendant’s contention, “[t]he odor of marihuana emanating from a vehicle, when detected by an officer qualified by training and experience to recognize it, is sufficient to constitute probable cause” to search a vehicle an…
  • Walker, Ronnie R., People v., No. KA 11-00941 (N.Y. App. Div. 4th Dep't May 8, 2015).published
    His assertion that the court erred in prohibiting him from establishing that the subject stop was pretextual is without merit because “a traffic stop is lawful where, as here, a police officer has probable cause to believe that the driver…
Show 5 more citing cases
  • People v. Walker, 128 A.D.3d 1499 (N.Y. App. Div. 4th Dep't 2015).published 4 cites
    Thus, the officers had probable cause to search defendant (see Cuffie, 109 AD3d at 1201; see also People v Virges, 118 AD3d 1445, 1445-1446 [2014]; People v Contant, 90 AD3d 779 , 780 [2011], lv denied 18 NY3d 956 [2012]).
  • PeoplevRasul, No. 105653 (N.Y. App. Div. 3d Dep't Oct. 30, 2014).published 3 cites
    As for the propriety of the subsequent pat down and/or search of defendant, "it is well established that [t]he odor of marihuana emanating from a vehicle, when detected by an officer qualified by training and experience to recognize it, is…
  • People v. Rasul, 121 A.D.3d 1413 (N.Y. App. Div. 3d Dep't 2014).published 6 cites
    As for the propriety of the subsequent pat down and/or search of defendant, “it is well established that [t]he odor of marihuana emanating from a vehicle, when detected by an officer qualified by training and experience to recognize it, is…
  • People v. Mack, 114 A.D.3d 1282 (N.Y. App. Div. 4th Dep't 2014).published 2 cites
    The police were entitled to stop defendant’s vehicle based on his failure to use his turn signal before turning (see People v Cuffie, 109 AD3d 1200, 1201 [2013]; see generally Vehicle and Traffic Law § 1163 [a], [b]).
  • People v. Ponzo, 111 A.D.3d 1347 (N.Y. App. Div. 4th Dep't 2013).published 2 cites
    Thereafter, one of the Troopers, trained in the recognition of marihuana, detected the odor of marihuana when he ap proached the vehicle, which provided probable cause to search the vehicle (see People v Chestnut, 43 AD2d 260, 261 [1974],…
Other citing cases2 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Victor Cuffie
Appellate Division of the Supreme Court of the State of New York.
Sep 27, 2013.
Published opinion
109 A.D.3d 1200
Cited by 16 opinions  |  Published

Appeal from a judgment of the Monroe County Court (Frank E Geraci, Jr., J.), rendered January 7, 2009. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]). The conviction arose out of a traffic stop of a vehicle in which defendant was a passenger. Defendant contends that County Court erred in refusing to suppress the firearm that he was charged with possessing. Specifically, defendant contends that the testimony of[*1201] the People’s witnesses at the suppression hearing was contradictory and that the People failed to satisfy their initial burden of establishing the legality of the police conduct. We reject defendant’s contentions. As defendant correctly concedes, the police were justified in stopping the vehicle based upon the driver’s failure to signal his intention to turn for the requisite distance before the intersection (see Vehicle and Traffic Law § 1163 [b]; see generally People v Horge, 80 AD3d 1074, 1074 [2011]; People v Smith, 66 AD3d 514, 514 [2009], lv denied 13 NY3d 942 [2010]). Although defendant contends that the stop was pretextual, we reject that contention inasmuch as “a traffic stop is lawful where, as here, ‘a police officer has probable cause to believe that the driver of an automobile has committed a traffic violation, . . . [regardless of] the primary motivation of the officer’ ” (People v Binion, 100 AD3d 1514, 1515 [2012], lv denied 21 NY3d 911 [2013], quoting People v Robinson, 97 NY2d 341, 349 [2001]).

Additionally, we conclude that the police had probable cause to search the vehicle. Two police officers testified at the suppression hearing that, after the vehicle was stopped, they approached it from opposite sides and detected the odor of marihuana emanating from inside the vehicle through the open front windows. Both officers further testified that they had been trained in the detection of marihuana and had detected the odor of marihuana on numerous occasions prior to the traffic stop at issue. Contrary to the contention of defendant, it is well established that “[t]he odor of marihuana emanating from a vehicle, when detected by an officer qualified by training and experience to recognize it, is sufficient to constitute probable cause” to search a vehicle and its occupants (People v Gaines, 57 AD3d 1120, 1121 [2008] [internal quotation marks omitted]; see People v Chestnut, 43 AD2d 260, 261 [1974], affd 36 NY2d 971 [1975]; People v Robinson, 103 AD3d 421, 421-422 [2013], lv denied 20 NY3d 1103 [2013]; People v Cosme, 70 AD3d 1364, 1364 [2010], lv denied 14 NY3d 886 [2010]; People v Lightner, 56 AD3d 1274, 1274 [2008], lv dismissed 12 NY3d 760 [2009]; People v Badger, 52 AD3d 231, 232 [2008], lv denied 10 NY3d 955 [2008]). Further, the driver admitted that someone may have smoked marihuana in the vehicle prior to the stop (see People v George, 78 AD3d 728, 728-729 [2010], lv denied 16 NY3d 859 [2011]), and the police witnesses testified that the vehicle continued to smell of marihuana even after the occupants were removed from the vehicle (cf. People v Smith, 98 AD3d 590, 592 [2012]). Notably, the subsequent search of the vehicle yielded 16 bags of marihuana under the rear passenger’s seat.

With respect to the alleged contradictions in the officers’[*1202] testimony, we conclude that such contradictions are minor or immaterial to the lawfulness of the police conduct, and thus provide no basis to disturb the court’s credibility determinations (see People v Shaw, 66 AD3d 1417, 1418 [2009], lv denied 14 NY3d 773 [2010]). In particular, whether the police removed the driver from the vehicle before or after they ran his license and registration is irrelevant inasmuch as the police had probable cause to remove the occupants from the vehicle and search the vehicle immediately upon detecting the odor of marihuana (see Robinson, 103 AD3d at 421-422; Cosme, 70 AD3d at 1364; Badger, 52 AD3d at 232; see also Gaines, 57 AD3d at 1121). Thus, “[according appropriate deference to [the court’s] assessment of witness credibility” (Horge, 80 AD3d at 1074), we conclude that the police lawfully searched the vehicle and that the court therefore properly refused to suppress the evidence recovered therefrom (see George, 78 AD3d at 728-729; Cosme, 70 AD3d at 1364; Smith, 66 AD3d at 514). Present — Centra, J.P, Peradotto, Garni and Lindley, JJ.