PEOPLE v. EVANS


263 A.D.2d 431 (1999)

693 N.Y.S.2d 593

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD EVANS, Appellant.

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

Decided July 29, 1999.


Defendant's suppression motion was properly denied. The critical question on this appeal is not whether defendant's arrest was supported by probable cause, but whether there was probable cause for the search of defendant's person which yielded $950 in cash. There is no evidence in the record that the money was recovered from defendant prior to the recovery of the drugs from the cooler where defendant had been seen placing his hand. Officer Driscoll testified that as he entered...

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