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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVEN PLACEK, Appellant.

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).

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PEOPLE v. PLACEK
(Jan 22, 2009)