People v. Virges, 118 A.D.3d 1445 (N.Y. App. Div. 2014). · Go Syfert
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People v. Virges, 118 A.D.3d 1445 (N.Y. App. Div. 2014). Cases Citing This Book View Copy Cite
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cited 3× by 3 distinct cases · …had an 'objective, credible reason' for approaching the parked vehicle and requesting information at p. 1445 ≈ altered
9 citation events (9 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Witt (nyappdiv, 2015-06-12)
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Witt
N.Y. App. Div. · 2015 · confidence medium
Here, we conclude that the police officer “had an ‘objective, credible reason’ for approaching [the] parked vehicle and requesting information” based upon the supermarket manager’s report (People v Virges, 118 AD3d 1445, 1445 [2014], quoting Ocasio, 85 NY2d at 984 ; see People v Thomas, 19 AD3d 32, 33 [2005], lv denied 5 NY3d 795 [2005]), “thereby rendering the police encounter lawful at its inception” (People v Cady, 103 AD3d 1155, 1156 [2013]; see People v Riddick, 70 AD3d 1421, 1422 [2010], lv denied 14 NY3d 844 [2010]).
discussed Cited as authority (rule) People v. Witt
N.Y. App. Div. · 2015 · confidence medium
Here, we conclude that the police officer “had an ‘objective, credible reason’ for approaching [the] parked vehicle and requesting information” based upon the supermarket manager’s report (People v Virges, 118 AD3d 1445, 1445 [2014], quoting Ocasio, 85 NY2d at 984 ; see People v Thomas, 19 AD3d 32, 33 [2005], lv denied 5 NY3d 795 [2005]), “thereby rendering the police encounter lawful at its inception” (People v Cady, 103 AD3d 1155, 1156 [2013]; see People v Riddick, 70 AD3d 1421, 1422 [2010], lv denied 14 NY3d 844 [2010]).
discussed Cited "see" GRIMES, JAKIM, PEOPLE v
N.Y. App. Div. · 2015 · signal: see · confidence high
Contrary to defendant’s further contention, the police had probable cause to search his person inasmuch as “[t]he odor of marihuana emanating from a vehicle, when detected by an officer -2- 967 KA 12-01595 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 , lv denied 22 NY3d 1087 [internal quotation marks omitted]; see People v Virges, 118 AD3d 1445, 1445-1446 ).
discussed Cited "see" People v. Grimes
N.Y. App. Div. · 2015 · signal: see · confidence high
Contrary to defendant’s further contention, the police had probable cause to search his person inasmuch as “[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], lv denied 22 NY3d 1087 [2014] [internal quotation marks omitted]; see People v Virges, 118 AD3d 1445, 1445-1446 [2014]).
discussed Cited "see" People v. Grimes
N.Y. App. Div. · 2015 · signal: see · confidence high
Contrary to defendant’s further contention, the police had probable cause to search his person inasmuch as “[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], lv denied 22 NY3d 1087 [2014] [internal quotation marks omitted]; see People v Virges, 118 AD3d 1445, 1445-1446 [2014]).
discussed Cited "see, e.g." WALKER, RONNIE R., PEOPLE v
N.Y. App. Div. · 2015 · signal: see also · confidence low
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 ; People v Contant, 90 AD3d 779, 780 , lv denied 18 NY3d 956 ).
discussed Cited "see, e.g." People v. Walker
N.Y. App. Div. · 2015 · signal: see also · confidence medium
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]).
discussed Cited "see, e.g." People v. Walker
N.Y. App. Div. · 2015 · signal: see also · confidence medium
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]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Kenneth S. Virges
Appellate Division of the Supreme Court of the State of New York.
Jun 20, 2014.
118 A.D.3d 1445
Lindley, Peradotto, Sconiers, Smith, Whalen.
Cited by 9 opinions  |  Published

Appeal from a judgment of the Erie County Court (Michael L. D’Amico, J.), rendered July 10, 2013. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree and criminal possession of marihuana in the fifth degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed and the matter is remitted to Erie County Court for proceedings pursuant to CPL 460.50 (5).

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]) and criminal possession of marihuana in the fifth degree (§ 221.10 [2]). County Court properly denied defendant’s motion to suppress the evidence seized from his person and vehicle. The police officer had an “objective, credible reason” for approaching defendant’s parked vehicle and requesting information based on a tip provided by an anonymous informant, who reported that a man was sitting in a gray car smoking marihuana at a certain address (People v Ocasio, 85 NY2d 982, 985 [1995]; see People v Boler, 106 AD3d 1119, 1121 [2013]). Defendant’s vehicle matched that description and was parked at that address. When the police officer smelled marihuana, he had probable cause to search defendant and the vehicle for contraband (see People v Robinson, 103 AD3d 421, 421-422 [2013], lv denied 20 NY3d 1103 [2013]; People v Contant, 90 AD3d 779, 780 [2011], lv [*1446] denied 18 NY3d 956 [2012]; People v Black, 59 AD3d 1050, 1051 [2009], lv denied 12 NY3d 851 [2009]; see generally Arizona v Gant, 556 US 332, 351 [2009]; People v Blasich, 73 NY2d 673, 678 [1989]).

Present—Smith, J.E, Peradotto, Lindley, Sconiers and Whalen, JJ.