February 12, 2009
THE PEOPLE & C., RESPONDENT,
TYRONE MAYE, APPELLANT.
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.
The order of the Appellate Division should be modified by granting defendant's motion to suppress the cocaine recovered and remitting to County Court for further proceedings in accordance with this memorandum and, as so modified, affirmed.
Defendant seeks suppression of evidence including cocaine found in a "baggie" during a manual body cavity search performed at a police station, without a warrant. The officer who carried out the search testified that he saw the "baggie" protruding from defendant's rectum, and removed it. Since no exigent circumstances prevented the police from seeking prior judicial authorization for the search, defendant's motion to suppress should be granted to the extent of suppressing the cocaine recovered (see People v Hall, 10 NY3d 303, 311 ).
On review of submissions pursuant to section 500.11 of the Rules, order modified by granting defendant's motion to suppress the cocaine recovered and remitting to County Court, Warren County, for further proceedings in accordance with the memorandum herein and, as so modified, affirmed. Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur. Chief Judge Lippman took no part.
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