Summary
This appellate decision from the New York Supreme Court, Appellate Division, Fourth Department, affirms the defendant's conviction for criminal possession of a weapon in the second degree. The court rejected the defendant's suppression claim, holding that police had probable cause to search him following a traffic stop after detecting the odor and visible presence of marijuana. The opinion also addresses the proper admission of Molineux evidence, rejects unpreserved chain-of-custody challenges, and concludes the jury verdict was not against the weight of the evidence.
Topics
Practice areas
Questions Presented
- Whether the traffic stop and subsequent search of the defendant's person were supported by probable cause.
- Whether the suppression hearing should be reopened on the basis that evidence was unavailable at the time of the hearing.
- Whether the Molineux evidence of prior marijuana possession was admissible.
Holdings
- The police had probable cause to search the defendant and the vehicle based on the odor of marijuana and the visible marijuana pieces observed during the traffic stop.
- The motion to reopen the suppression hearing was properly denied because the evidence was available and could have been discovered with reasonable diligence before the hearing, and reopening would not have changed the outcome.
- The Molineux evidence was admissible because it was highly probative of the defendant’s possession of the revolver and its probative value was not outweighed by any prejudice; limiting instructions mitigated any prejudice.
Key quotations
“We conclude that, following the traffic stop, the police had probable cause to search defendant and the vehicle after they detected, based on their training and experience, the "odor of marihuana emanating from [the inside of the] vehicle".”
Factual background
Police stopped the vehicle after observing the driver violate Vehicle and Traffic Law § 1229‑c. During the stop officers detected the odor of marijuana and observed small pieces of marijuana inside the vehicle. A search of the vehicle and passenger yielded a loaded revolver in Singleton's pocket.
Procedural history
The Supreme Court, Monroe County convicted Singleton of criminal possession of a weapon in the second degree. Singleton appealed to the Appellate Division, Fourth Department, which affirmed the judgment.