PEOPLE v. BOTHWELL


175 Misc.2d 592 (1998)

671 N.Y.S.2d 595

The People of the State of New York, Plaintiff, v. Lyman Bothwell, Defendant.

Supreme Court, New York County.

January 15, 1998


Attorney(s) appearing for the Case

Eugene Lamb, Staten Island, for defendant. Robert M. Morgenthau, District Attorney of New York County (Susan Roque of counsel), for plaintiff.


JAMES A. YATES, J.

On January 12, 1996 two police officers assigned to a "quality of life" detail seized and then arrested Lyman Bothwell when they saw him holding an open Heineken bottle in a paper bag in front of a luncheonette. Incident to that seizure, they recovered 35 bags of crack cocaine. Mr. Bothwell has moved to suppress the evidence. He argues that a mere sighting of an open beer bottle in his hand...

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