NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
October 27, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
SEAN DUFFY, DEFENDANT-APPELLANT.
Judgment, Supreme Court, New York County (Daniel Conviser, J.), rendered March 11, 2008, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony drug offender whose prior conviction was a violent felony, to a term of 6 years, to be followed by a 3 year term of post-release supervision, unanimously reversed, on the law, defendant's motion to suppress granted and the indictment dismissed.
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.
Mazzarelli, J.P., Andrias, Moskowitz, Renwick, Richter, JJ.
As the People concede, defendant is entitled to suppression of evidence recovered by way of a manual body cavity search conducted without a warrant or exigent circumstances (see People v Hall, 10 NY3d 303 , cert denied US, 129 S Ct 159 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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