112 A.D.2d 1046, People v. Burger

Citation:112 A.D.2d 1046, 493 N.Y.S.2d 34
Party Name:People v. Burger
Case Date:August 19, 1985
Court:New York Supreme Court Appelate Division, Second Department
 
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Page 1046

112 A.D.2d 1046

493 N.Y.S.2d 34

The PEOPLE, etc., Respondent,

v.

Joseph BURGER, Appellant.

Supreme Court of New York, Second Department

August 19, 1985.

Mahler & Harris, P.C., Kew Gardens (Stephen R. Mahler, Kew Gardens, of counsel), for appellant.

Elizabeth Holtzman, Dist. Atty., Brooklyn (Barbara D. Underwood, Peter A. Weinstein [493 N.Y.S.2d 35] and Leonard Joblove, Brooklyn, of counsel), for respondent.

Before MANGANO, J.P., and THOMPSON, BROWN and KUNZEMAN, JJ.

MEMORANDUM BY THE COURT.

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered August 15, 1984, convicting him of criminal possession of stolen property in the second degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial (Douglass, J.), of defendant's renewed motion to suppress certain evidence, 125 Misc.2d 709, 479 N.Y.S.2d 936.

Judgment affirmed. This case is remitted to the Supreme Court, Kings County, for further proceedings pursuant to CPL 460.50(5).

Citing this court's opinion in People v. Pace, 101 A.D.2d 336, 475 N.Y.S.2d 443, affd. 65 N.Y.2d 684, 491 N.Y.S.2d 618, 481 N.E.2d 250), defendant claims that the warrantless inspection of his automobile junkyard by the police violated his constitutional rights. The instant case is, however, clearly distinguishable from People v. Pace (supra). In Pace, the police used the pretext of an administrative inspection to conduct an unconstitutional warrantless search for evidence of a crime. In the instant case, the police were seeking to administer the regulatory...

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