Appellate Division of the Supreme Court of New York, 1994

People v. Barton

People v. Barton
Appellate Division of the Supreme Court of New York · Decided April 15, 1994
203 A.D.2d 911; 611 N.Y.S.2d 385; 1994 N.Y. App. Div. LEXIS 4897
People v. Barton

Opinion of the Court

—Judgment unanimously reversed on the law, plea vacated, motion to suppress granted and matter remitted to Jefferson County Court for further proceedings on indictment. Memorandum: The search of defendant’s vehicle was not a valid inventory search because the police failed to generate a meaningful inventory of the vehicle’s contents and allowed the officer conducting the search undue discretion (see, People v Galak, 80 NY2d 715, 718-719). Consequently, defendant’s motion to suppress the seized items should have been granted. (Appeal from Judgment of Jefferson County Court, Aylward, J. — Robbery, 2nd Degree.) Present — Denman, P. J., Balio, Lawton, Doerr and Davis, JJ.

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