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PEOPLE v. VARGAS

255 A.D.2d 158 (1998)

680 N.Y.S.2d 223

The People of the State of New York, Respondent, v. Julio Vargas, Appellant

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

November 12, 1998

The motion court correctly concluded that the search of the flip top cigarette box was proper as incident to the lawful arrest since the property had not yet been reduced to the exclusive control of the police (see, People v Manigault, 247 A.D.2d 255, lv denied 92 N.Y.2d 855; People v Wylie, 244 A.D.2d 247, lv denied 91 N.Y.2d 946...

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