NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
January 22, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
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.
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 , lv denied 7 NY3d 764 ; People v Butler, 27 AD3d 365, 369 , lv dismissed 6 NY3d 893 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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