PEOPLE v. MORRIS


158 A.D.2d 951 (1990)

The People of the State of New York, Respondent, v. Ronald Morris, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 2, 1990


Judgment unanimously affirmed.

Memorandum:

Defendant's motion to suppress evidence was properly denied, but for reasons different from those given by the suppression court. The suppression court found that the police lacked probable cause to arrest but sustained the search as the result of a permissible stop and frisk. We conclude, to the contrary, that defendant was arrested prior to being searched and thus the only inquiry is whether the arrest was supported...

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