People v. Kenneth Padilla


AD1 order dated November 10, 2011, affirming judgment of conviction. Decision below: 89 A.D.3d 505, 932 N.Y.S.2d 71. Jones, J., granted leave June 21, 2012.

ISSUES PRESENTED: (1) Whether the police conducted a proper inventory search of the car and prepared a meaningful inventory list. (2) Sufficiency of evidence of possession of gun found in car. (3) Prosecutorial misconduct.

Issue before the Court: whether the People met their burden of establishing a valid inventory search of defendant’s vehicle, where the defense claimed that the removal of certain items was for the purpose of searching for contraband rather than inventorying property.

Held: So long as property was inventoried pursuant to established police procedures following a lawful arrest, search was constitutionally valid.