AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DERRICK MANIGAULT, Also Known as DERRICK JOHNSON, Appellant.

Defendant's suppression motion was properly denied. We see no reason to disturb the hearing court's credibility determinations, which are supported by the record (see, People v. Prochilo, 41 N.Y.2d 759, 761; People v. Sioba, 187 A.D.2d 317, lv denied 81 N.Y.2d 893). Since the officers saw a crack vial in defendant's hand, they had probable cause to arrest him (People v. Alexander, 218 A.D.2d 284, lv denied 88 N.Y.2d 964). The search, conducted immediately after defendant was arrested, of a brown paper bag, which defendant had had in his other hand, was incident to such lawful arrest since such property had not yet been reduced to the exclusive control of the police (People v. Wylie, 244 A.D.2d 247; see also, People v. De Santis, 46 N.Y.2d 82, cert denied 443 U.S. 912).

Concur — Rosenberger, J. P., Ellerin, Nardelli and Rubin, JJ.

Use AI to get other relevant cases.

Comments

PEOPLE v. MANIGAULT
(Feb 10, 1998)