People v. Pierre, 1 A.L.R. 6th 779 (N.Y. App. Div. 2004). · Go Syfert
People v. Pierre, 1 A.L.R. 6th 779 (N.Y. App. Div. 2004). Cases Citing This Book View Copy Cite
38 citation events (38 in the last 25 years) across 3 distinct courts.
Strongest positive: People v. Kane (nyappdiv, 2024-11-21)
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 28 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Kane
N.Y. App. Div. · 2024 · confidence medium
"While we have previously held that substantial compliance with this statute is adequate when the defendant admits the prior felony and that errors or omissions in the statement may be waived by an admission by the defendant, we have also held that compliance with the statute is mandatory and that complete failure to file a second felony offender statement prior to sentencing renders the sentence invalid as a matter of law" ( People v Pierre , 8 AD3d 904, 906-907 [3d Dept 2004] [citations omitted], lv denied 3 NY3d 710 [2004]; see People v Traylor , 149 AD3d 626, 627 [1st Dept 2017]; People v …
discussed Cited as authority (rule) People v. Hafer
N.Y. App. Div. · 2024 · confidence medium
Although defendant, the People and the court all agreed that defendant's Alford plea would be premised on the preservation of his right to raise these issues on appeal, conditional pleas such as this are generally not accepted in this state ( see People v Di Donato , 87 NY2d 992, 993 [1996]; People v Di Raffaele , 55 NY2d 234, 240 [1982]; People v Thomas , 53 NY2d 338, 344-345 [1981]; see also People v Mack , 53 NY2d 803, 806 [1981]; People v Pierre , 8 AD3d 904, 906 [3d Dept 2004], lv denied 3 NY3d 710 [2004]), and the contentions he sought to preserve do not fall within the "extremely limite…
discussed Cited as authority (rule) People v. Jones
N.Y. App. Div. · 2021 · confidence medium
Although Howell's testimony as to his training and experience was minimal, it established that he had completed drug training to recognize drugs and detect the smell of marihuana ( cf. People v Pierre , 8 AD3d 904, 906 [2004], lv denied 3 NY3d 710 [2004]).
discussed Cited as authority (rule) People v. Tariq
N.Y. App. Div. · 2018 · confidence medium
As there was substantial compliance with CPL 400.21, we would find any inaccuracy in the prior felony statement with regard to the degree of the prior felony conviction reflected in the CPL 400.21 statement filed to be harmless error ( see People v Atkinson , 58 AD3d at 944 ; People v Pierre , 8 AD3d 904, 906-907 [2004], lv denied 3 NY3d 710 [2004]; People v Mann , 258 AD2d 738, 739 [1999], lv denied 93 NY2d 900 [1999]).
discussed Cited as authority (rule) People v. Hartfield
N.Y. App. Div. · 2017 · confidence medium
As a final matter, a few of our prior cases have noted that “substantial compliance” with CPL 400.21 is sufficient to uphold sentencing a defendant as a second felony offender (People v Pierre, 8 AD3d 904, 906 [2004], lv denied 3 NY3d 710 [2004]), but that a “complete failure” to file a predicate statement will “render [ ] the sentence invalid as a matter of law” (id. at 907; see People v De Fayette, 16 AD3d 708, 710 [2005], lv denied 4 NY3d 885 [2005]).
discussed Cited as authority (rule) People v. Fusco
N.Y. App. Div. · 2017 · confidence medium
The record establishes that the defendant’s plea of guilty was “ ‘entered voluntarily, knowingly and intelligently’ ” (People v Haffiz, 19 NY3d 883, 884 [2012], quoting People v Fiumefreddo, 82 NY2d 536, 543 [1993]; see People v Grant, 61 AD3d 177, 182 [2009]; People v Pierre, 8 AD3d 904, 905 [2004]).
discussed Cited as authority (rule) People v. Williams
N.Y. App. Div. · 2016 · confidence medium
As for the search of defendant, this Court has long held 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 Cuffie, 109 AD3d 1200 , 1201 [2013] [internal quotation marks and citation omitted], lv denied 22 NY3d 1087 [2014]; see People v Francois, 138 AD3d 1165, 1166 [2016]; People v Rasul, 121 AD3d at 1415-1416 ; People v Gaines, 57 AD3d 1120, 1121 [2008]; People v Pierre, 8 AD3d 904, 905 [2004], lv denied 3 NY3d …
discussed Cited as authority (rule) PeoplevRasul
N.Y. App. Div. · 2014 · confidence medium
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 sufficient to constitute probable cause to search a vehicle and its occupants" (People v Cuffie, 109 AD3d at 1201 [internal quotation marks and citations omitted]; see People v Black, 59 1 Supreme Court's denial of the suppression motion survives defendant's guilty plea (see CPL 710.70 [2]; People v Dozier, 115 AD3d 1001, 1001 [2014]; People v Ross, 106 AD3d…
discussed Cited as authority (rule) People v. Rasul
N.Y. App. Div. · 2014 · confidence medium
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 sufficient to constitute probable cause to search a vehicle and its occupants” (People v Cuffie, 109 AD3d at 1201 [internal quotation marks and citations omitted]; see People v Black, 59 AD3d 1050, 1051 [2009], lv denied 12 NY3d 851 [2009]; People v Badger, 52 AD3d 231, 232 [2008], lv denied 10 NY3d 955 [2008]; People v Pierre, 8 AD3d 904, 905 [2004], lv…
discussed Cited as authority (rule) People v. Rasul
N.Y. App. Div. · 2014 · confidence medium
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 sufficient to constitute probable cause to search a vehicle and its occupants” (People v Cuffie, 109 AD3d at 1201 [internal quotation marks and citations omitted]; see People v Black, 59 AD3d 1050, 1051 [2009], lv denied 12 NY3d 851 [2009]; People v Badger, 52 AD3d 231, 232 [2008], lv denied 10 NY3d 955 [2008]; People v Pierre, 8 AD3d 904, 905 [2004], lv…
discussed Cited as authority (rule) People v. Anderson
N.Y. App. Div. · 2013 · confidence medium
Based on the circumstances, we find that the search was both reasonably conducted and justified by a reasonable suspicion that defendant possessed contraband (see People v Pierre, 8 AD3d 904, 906 [2004], lv denied 3 NY3d 710 [2004]).
discussed Cited as authority (rule) People v. Anderson
N.Y. App. Div. · 2013 · confidence medium
Based on the circumstances, we find that the search was both reasonably conducted and justified by a reasonable suspicion that defendant possessed contraband (see People v Pierre, 8 AD3d 904, 906 [2004], lv denied 3 NY3d 710 [2004]).
discussed Cited as authority (rule) People v. Murray
N.Y. App. Div. · 2009 · confidence medium
Under the circumstances as they then existed, Braceo had reason to believe that illegal drugs were inside the vehicle and, at that point, had the legal authority to conduct an immediate search of the interior of the vehicle and seize any illegal contraband found in it (see People v Beriguette, 84 NY2d 978, 980 [1994]; People v Pierre, 8 AD3d 904, 905 [2004], lv denied 3 NY3d 710 [2004]; People v Foster, 4 AD3d 434, 434 [2004]; People v Dobere, 298 AD2d 770, 772 [2002]; see also People v Gaines, 57 AD3d 1120 [2008]).
discussed Cited as authority (rule) People v. Devone
N.Y. App. Div. · 2008 · confidence medium
Once the narcotics-sniffing dog—whose training and reliability was established at the hearing—indicated the presence of drugs in the vehicle, probable cause existed to enter and search the vehicle (see People v Gathogo, 276 AD2d 925 , 927 [2000], lv denied 96 NY2d 734 [2001]; see also People v Offen, 78 NY2d 1089, 1091 [1991]; People v Badger, 52 AD3d 231, 232 [2008], lv denied 10 NY3d 955 [2008]; People v Pierre, 8 AD3d 904, 905 [2004], lv denied 3 NY3d 710 [2004]; People v Guido, 175 AD2d 364, 365 [1991], lv denied 78 NY2d 1076 [1991]).
discussed Cited as authority (rule) People v. Gaines
N.Y. App. Div. · 2008 · confidence medium
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 the vehicle (People v Chestnut, 43 AD2d 260, 261 [1974], affd 36 NY2d 971, 973 [1975]; see People v Badger, 52 AD3d 231, 232 [2008], lv denied 10 NY3d 955 [2008]; People v Pierre, 8 AD3d 904, 905 [2004], lv denied 3 NY3d 710 [2004]; People v Martin, 169 AD2d 1006, 1007 [1991]).
discussed Cited as authority (rule) People v. Granan
N.Y. App. Div. · 2008 · confidence medium
The record does contain a predicate felony statement dated the same day as sentencing (compare People v De Fayette, 16 AD3d 708, 710 [2005], lv denied 4 NY3d 885 [2005]; People v Pierre, 8 AD3d 904, 906-907 [2004], lv denied 3 NY3d 710 [2004]).
discussed Cited as authority (rule) People v. Boyea
N.Y. App. Div. · 2007 · confidence medium
Once the truck was properly stopped, White’s detection of the odor of marihuana and defendant’s admission that he had smoked marihuana provided probable cause to search the vehicle without a warrant (see People v Pierre, 8 AD3d 904, 905 [2004], lv denied 3 NY3d 710 [2004]; People v Guido, 175 AD2d 364, 365 [1991], lv denied 78 NY2d 1076 [1991]).
discussed Cited as authority (rule) People v. Maye
N.Y. App. Div. · 2007 · confidence medium
Based on this evidence, we find that the search inside a private room at the police station was conducted in a reasonable manner (cf People v More, 97 NY2d 209 [2002]; People v Mitchell, 2 AD3d 145 [2003]) and was justified by a reasonable suspicion that defendant possessed drugs (see People v Banks, 38 AD3d 938, 940 [2007]; People v Walker, 27 AD3d 899, 900-901 [2006], lv denied 7 NY3d 764 [2006]; People v Pierre, 8 AD3d 904, 906 [2004], lv denied 3 NY3d 710 [2004]; see generally People v Kelley, 306 AD2d 699, 700-701 [2003], lv denied 1 NY3d 598 [2004]).
discussed Cited as authority (rule) People v. Feili
N.Y. App. Div. · 2006 · confidence medium
Following a lawful traffic stop of a car in which defendant was a passenger, the officers had probable cause to search defendant after they detected the smell of marijuana emanating from the car (see People v Pierre, 8 AD3d 904, 905 [2004], lv denied 3 NY3d 710 [2004]).
discussed Cited as authority (rule) People v. Paige
N.Y. App. Div. · 2005 · confidence medium
The People provided a predicate felony statement and, at sentencing, County Court referred to such document (cf. People v Pierre, 8 AD3d 904, 906-907 [2004], lv denied 3 NY3d 710 [2004] [remitting for resentencing where the People conceded they had not filed a predicate felony statement]).
discussed Cited as authority (rule) People v. Hamilton
N.Y. App. Div. · 2005 · confidence medium
Finally, based upon their findings as a result of the inventory search, the troopers had a reasonable suspicion that defendant was carrying some form of contraband justifying the strip search at the State Police barracks (see People v Pierre, 8 AD3d 904, 906 [2004], lv denied 3 NY3d 710 [2004]).
discussed Cited as authority (rule) People v. Santiago
N.Y. App. Div. · 2005 · confidence medium
The record supports the County Court’s determination to credit the police officer’s testimony, which indicated that there was probable cause for both the initial stop and subsequent search of the defendant’s vehicle (see People v Dolly, 12 AD3d 1157 [2004]; People v Pierre, 8 AD3d 904, 905 [2004]; People v Vazquez, 229 AD2d 997 [1996]; see also People v Morgan, 10 AD3d 369 [2004]).
discussed Cited as authority (rule) People v. Wright
N.Y. App. Div. · 2005 · confidence medium
As to his contention that County Court erred in sentencing him as a second felony offender, we note that the People timely filed a statement of predicate felony conviction (see People v Smith, 121 AD2d 771, 772 [1986]) and County Court substantially complied with CPL 400.21 (3) (see People v Pierre, 8 AD3d 904, 906 [2004], lv denied 3 NY3d 710 [2004]).
discussed Cited as authority (rule) People v. De Fayette
N.Y. App. Div. · 2005 · confidence medium
We agree that the complete failure to file a felony offender statement prior to sentencing renders the sentence invalid as a matter of law (see People v Pierre, 8 AD3d 904, 907 [2004], lv denied 3 NY3d 710 [2004]; People v Davis, 302 AD2d 866, 867 [2003], lv denied 100 NY2d 561 [2003]).
discussed Cited as authority (rule) People v. Watson
N.Y. App. Div. · 2005 · confidence medium
The record supports the Supreme Court’s determination to credit the police officer’s testimony, which indicated that there was probable cause for both the initial stop and subsequent search of the defendant’s vehicle (see People v Robinson, 97 NY2d 341 [2001]; People v Pierre, 8 AD3d 904, 905 [2004]; see also People v Morgan, 10 AD3d 369 [2004]).
discussed Cited "see" People v. Bowden
N.Y. App. Div. · 2019 · signal: see · confidence high
Moreover, "defendant's entry of a valid guilty plea forfeited [his] right to challenge any aspect of County Court's evidentiary Molineux ruling" ( People v Atwood , 9 AD3d 512, 513 [2004]; see People v Pierre , 8 AD3d 904, 906 [2004], lv denied 3 NY3d 710 [2004]; People v Barrier , 7 AD3d 885, 886 [2004], lvs denied 3 NY3d 670 [2004]).
discussed Cited "see" People v. Anthony
N.Y. App. Div. · 2008 · signal: see · confidence high
Thus, there was no compliance with CPL 400.21 and “the complete failure to file a felony offender statement prior to sentencing renders the sentence invalid as a matter of law” (People v De Fayette, 16 AD3d 708, 710 [2005], lv denied 4 NY3d 885 [2005] [no statement ever filed]; see People v Pierre, 8 AD3d 904, 906-907 [2004], lv denied 3 NY3d 710 [2004]).
discussed Cited "see, e.g." People v. Walker
N.Y. App. Div. · 2006 · signal: see also · confidence medium
Despite defendant’s attempts to characterize this search as a body cavity search, the record fails to support this argument; the bag was visibly sticking out from between his buttocks, not inserted into a body cavity such as defendant’s rectum (see id. at 699, 701 ; see also People v Pierre, 8 AD3d 904, 904 [2004], lv denied 3 NY3d 710 [2004]; compare People v More, 97 NY2d 209, 211 [2002]; People v Williams, 284 AD2d 564, 565-566 [2001], lv denied 96 NY2d 909 [2001]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Clifford Pierre
Appellate Division of the Supreme Court of the State of New York.
Jun 24, 2004.
1 A.L.R. 6th 779
2004 N.Y. App. Div. LEXIS 8814
Mugglin.
Cited by 36 opinions  |  Published
Mugglin, J.

Appeal from a judgment of the County Court of Warren County (Austin, J.), rendered December 18, 2003, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the third degree.

Defendant was one of two passengers in a taxicab stopped for speeding. While making inquiry of the taxicab driver, the police officer detected the odor of marihuana emanating from the vehicle. Although the occupants of the taxi denied using marihuana, the other passenger admitted to earlier being in the presence of someone smoking marihuana. Defendant initially misidentified himself to the officer, but his actual identity was discovered, as was the fact that there was an outstanding warrant on defendant. Arrested for false impersonation and on the outstanding warrant, defendant was transported to the police[*905] station where a strip search revealed a bag of crack cocaine secreted between the cheeks of his buttocks. Thereafter, defendant was indicted for criminal possession of a controlled substance in the third degree. County Court denied defendant’s motion to suppress the physical evidence seized and issued Sandoval and Molineux rulings. After jury selection, defendant entered a plea of guilty to the indictment and was sentenced as a second felony offender to a term of imprisonment of 5 to 10 years. Defendant appeals, raising four issues.

First, defendant claims that his plea of guilty was involuntary because he believed he could not receive a fair trial due to the adverse evidentiary rulings made by County Court. Defendant has not preserved this issue for appellate review since he did not move to withdraw his plea or vacate the judgment of conviction (see People v Costa, 4 AD3d 675, 676 [2004]; People v Perry, 4 AD3d 618, 619 [2004]; People v Hughes, 3 AD3d 736, 736 [2004]). Were we to address this issue, we would find it merit-less since the record reveals that defendant’s plea was knowingly, intelligently and voluntarily entered after a thorough searching inquiry of defendant by County Court. Under such circumstances, a belief arising from adverse evidentiary rulings that a fair trial cannot be obtained does not render the plea involuntary (see People v Dumpson, 238 AD2d 802, 803 [1997], lv denied 90 NY2d 892 [1997]).

Second, defendant contends that the failure to grant his motion to suppress the physical evidence seized during both the pat-down and strip searches of his person was reversible error.* Where a police officer makes an appropriate traffic stop, he or she may properly search the vehicle and its occupants when there is probable cause to believe that a crime has been or is being committed therein (see People v McRay, 51 NY2d 594, 602 [1980]; People v Davis, 235 AD2d 941, 942-943 [1997]). Such probable cause may be found to exist upon the detection of the odor of marihuana (see People v Guido, 175 AD2d 364, 365 [1991], lv denied 78 NY2d 1076 [1991]; People v Martin, 169 AD2d 1006, 1006-1007 [1991]; People v McCormick, 162 AD2d 878, 879 [1990], lv denied 77 NY2d 841 [1991]), but the record must adequately demonstrate the officer’s training and experience in the recognition of the odor or other factors which give reasonable cause to believe that the odor detected is, in fact, marihuana (see People v Guido, supra at 365; People v Martin, supra at 1006-1007; People v Chestnut, 43 AD2d 260, 261-262 [1974], affd 36 NY2d 971 [1975]).

[*906] Here, although the record of the suppression hearing is barren of any evidence regarding the officer’s training and experience in the detection of the odor of marihuana, the other passenger’s admission of earlier being in the presence of someone smoking marihuana, and the manner in which defendant responded to the officer’s inquiries validate the officer’s contention that he detected the odor of marihuana emanating from the vehicle. Based on the totality of these circumstances, we conclude that the officer had probable cause to conduct the pat-down search of defendant. Moreover, based on this record, we hold that the officer had a reasonable suspicion that defendant was carrying a weapon or other contraband, providing the probable cause necessary to conduct the strip search at the police station (see People v Marsh, 20 NY2d 98, 101 [1967]; People v Kelley, 306 AD2d 699, 700-701 [2003], lv denied 1 NY3d 598 [2004]; People v Martinez, 268 AD2d 266, 267 [2000], lv denied 94 NY2d 950 [2000]). The evidence supporting this conclusion includes defendant’s intentional attempt to hide his identity, the existence of the odor of marihuana, the loose-fitting clothing worn by defendant, defendant’s known status as a parolee and the outstanding warrant for his arrest. As a result, County Court committed no error by failing to suppress such evidence.

Third, defendant challenges the Molineux ruling, contending that proper notice of the proposed evidence was not given (see People v Himko, 239 AD2d 661, 662-663 [1997], lv denied 90 NY2d 906 [1997]; People v Graves, 194 AD2d 925, 926-927 [1993], lv denied 82 NY2d 719 [1993]). It is well settled that a guilty plea renders consideration of such evidentiary rulings irrelevant on appeal (see People v Campbell, 73 NY2d 481, 486 [1989]; People v Mead, 198 AD2d 612, 613 [1993], lv denied 82 NY2d 899 [1993]). Further, the issue has not been preserved for appellate review by defendant’s purported reservation of rights to appeal made in conjunction with his guilty plea. A defendant cannot unilaterally preserve an issue for appellate review where such review is otherwise foreclosed (see People v Mack, 53 NY2d 803, 806 [1981]; People v Ward, 174 AD2d 589, 589 [1991], appeal denied 78 NY2d 1015 [1991]).

Lastly, defendant contends that he was not properly sentenced as a second felony offender, since no second felony offender statement was filed by the People prior to sentencing (see CPL 400.21 [2]). While we have previously held that substantial compliance with this statute is adequate when the defendant admits the prior felony (see People v Rivers, 184 AD2d 921, 922 [1992], lv denied 80 NY2d 933 [1992]) and that errors or omissions in the statement may be waived by an admission by the[*907] defendant (see People v Kennedy, 277 AD2d 814, 815 [2000], lv denied 96 NY2d 760 [2001]), we have also held that compliance with the statute is mandatory and that complete failure to file a second felony offender statement prior to sentencing renders the sentence invalid as a matter of law (see People v May, 180 AD2d 974 [1992]; see also People v Davis, 302 AD2d 866, 867 [2003], lv denied 100 NY2d 561 [2003]). As the People concede that they filed no predicate felony statement, we must remit to County Court for resentencing in compliance with CPL 400.21.

Peters, J.P., Spain, Rose and Lahtinen, JJ., concur. Ordered that the judgment is modified, on the law, by vacating the sentence imposed; matter remitted to the County Court of Warren County for further proceedings not inconsistent with this Court’s decision; and, as so modified, affirmed.

A guilty plea does not foreclose appellate review of a final order denying a motion to suppress evidence (see CPL 710.70 [2]; People v Fernandez, 67 NY2d 686, 688 [1986]).