PEOPLE v. JULIO


245 A.D.2d 158 (1997)

666 N.Y.S.2d 171

The People of the State of New York, Respondent, v. Veras Julio, Also Known as Julio Eddy Veras, Appellant

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

December 18, 1997


A bag that is within the immediate control or grabbable area of a suspect at the time of his arrest may not be subjected to a warrantless search incident to arrest unless the circumstances leading to the arrest support a reasonable belief that the suspect may gain possession of a weapon or be able to destroy evidence (People v Gokey, 60 N.Y.2d 309, 311). In addition, the search must be contemporaneous with the arrest (supra

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