THE PEOPLE &C., APPELLANT, v. BILLY J. SNYDER,
80 N.Y.2d 815, 600 N.E.2d 620, 587 N.Y.S.2d 893 (1992).
June 11, 1992
3 No. 217 SSM 27
This memorandum is uncorrected and subject to revision before publication in the New York Reports.
Submitted by Carol A. Cocchiola, for Appellant.
Submitted by Kenneth S. Kagan, for Respondent.
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On review of submissions pursuant to section 500.4 of the Rules, order affirmed. Defendant's conviction for assault in the second degree was properly reversed. In light of the fact that there is support in the record for the lower courts' determination that the police lacked probable cause to believe that defendant's vehicle contained a weapon or evidence of a crime, they had no basis for subjecting it to a search (see, People v Torres, 74 NY2d 224; cf., People v Coutin, 78 NY2d 930). Chief Judge Wachtler and Judges Simons, Kaye, Titone, Hancock and Bellacosa concur.