People v. Cochran, 22 A.D.3d 677 (N.Y. App. Div. 2005). · Go Syfert
People v. Cochran, 22 A.D.3d 677 (N.Y. App. Div. 2005). Cases Citing This Book View Copy Cite
18 citation events (18 in the last 25 years) across 2 distinct courts.
Strongest positive: People v. Huddleston (nyappdiv, 2018-04-27)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Huddleston
N.Y. App. Div. · 2018 · confidence medium
"At that point, the [police] had a reasonable suspicion either that the vehicle had been operated by an unlicensed driver, or that the vehicle was soon going to be operated by an unlicensed driver, and thus its . . . towing was lawful" ( People v Witt , 129 AD3d 1449 , 1450 [4th Dept 2015], lv denied 26 NY3d 937 [2015]; see People v Wilburn , 50 AD3d 1617 , 1618 [4th Dept 2008], lv denied 11 NY3d 742 [2008]; People v Cochran , 22 AD3d 677, 677 [2d Dept 2005], lv denied 6 NY3d 753 [2005]).
examined Cited as authority (rule) People v. Taylor (3×) also: Cited "see"
N.Y. App. Div. · 2012 · confidence medium
Here, contrary to the finding of the Supreme Court, the procedure utilized “d[id] what it must do: create[d] a usable inventory” (People v Galak, 80 NY2d at 720 , see People v Gomez, 13 NY3d at 11 ; People v Cochran, 22 AD3d 677, 678 [2005]).
discussed Cited as authority (rule) People v. Banton
N.Y. App. Div. · 2006 · confidence medium
Moreover, the evidence at the suppression hearing was sufficient to establish that the motivation of the State Troopers in conducting the subsequent search was caretaking rather than criminal investigation (see People v Cochran, supra at 677).
discussed Cited "see" People v. Newson (2×)
N.Y. App. Div. · 2017 · signal: see · confidence high
Here, the evidence at the suppression hearing demonstrated that the inventory search was valid because it was conducted pursuant to established police procedures and the items removed from the vehicle were each assigned a voucher number ( see People v Taylor, 92 AD3d 961, 962 ; cf. People v Gomez, 13 NY3d 6, 11 ), which created a "usable inventory" of the vehicle's contents ( People v Ewart, 130 AD3d 1062, 1062 [internal quotation marks omitted]; see People v Cochran, 22 AD3d 677, 677-678 ).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Joe Cochran
Appellate Division of the Supreme Court of the State of New York.
Oct 17, 2005.
22 A.D.3d 677
Cited by 12 opinions  |  Published

Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered April 7, 2004, convicting him of criminal possession of a weapon in the third degree, criminal possession of stolen property in the fourth degree, and aggravated unlicensed operation of a motor vehicle in the third degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress physical evidence.

Ordered that the judgment is affirmed.

Following the concededly lawful stop of the vehicle by a State Trooper and the defendant’s arrest for driving with a suspended license, State Troopers properly impounded the vehicle, as there was no other licensed driver present who could take possession of the car (see People v Figueroa, 6 AD3d 720, 722 [2004]). Moreover, the police were under no obligation to offer the defendant an opportunity to make other provision for the care of the vehicle (see Colorado v Bertine, 479 US 367, 373-374 [1987]). The evidence at the suppression hearing was sufficient to establish that the motivation of the State Troopers in conducting the subsequent search was caretaking rather than criminal investigation (cf. People v Acevedo-Sanchez, 212 AD2d 1023 [1995]),[*678] and that they were acting pursuant to State Police regulations (see People v Galak, 80 NY2d 715 [1993]). Indeed, while still at the scene, the State Troopers filled out a meaningful inventory list, “the hallmark of an inventory search” (People v Johnson, 1 NY3d 252, 256 [2003]).

The defendant’s remaining contentions are without merit. H. Miller, J.P., Adams, Spolzino and Fisher, JJ., concur.