Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

People v. Placek

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


January 22, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
STEVEN PLACEK, DEFENDANT-APPELLANT.

Judgment, Supreme Court, New York County (Marcy L. Kahn, J. at suppression hearing; Ronald A. Zweibel, J. at plea and sentence), rendered September 27, 2007, convicting defendant of criminal possession of a controlled substance in the fifth degree, and sentencing him to a term of 11/2 years, unanimously affirmed.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Tom, J.P., Andrias, Nardelli, Catterson, Moskowitz, JJ.

2302/05

The court properly denied defendant's suppression motion. Incident to a lawful arrest, the police recovered a bag of drugs from defendant's person. The record supports the hearing court's factual determination that there was no body cavity search requiring a warrant, because the bag was between defendant's underwear and his buttocks, and was not in his rectum (see People v Walker, 27 AD3d 899, 901 [2006], lv denied 7 NY3d 764 [2006]; People v Butler, 27 AD3d 365, 369 [2006], lv dismissed 6 NY3d 893 [2006]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090122

© 1992-2009 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.