New York Court of Appeals
The People of the State of New York, Respondent v. Derek Yancy, Appellant; the People of the State of New York…
June 14, 199586 N.Y.2d 239
Summary
The Court affirmed the lower courts' findings of probable cause for warrantless automobile searches based on open‑view observation of drug paraphernalia and the officers' experience, and held that the sentencing of Yancy as a predicate felon was erroneous because the prior New Jersey conviction was not clearly a felony under New York law. Accordingly, the Court affirmed the Chapman decision and vacated and remanded Yancy's sentence for resentencing.