PEOPLE v. BROOKS


272 A.D.2d 194 (2000)

708 N.Y.S.2d 15

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID BROOKS, Appellant.

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

Decided May 18, 2000.


Defendant was arrested at the conclusion of a chase during which he repeatedly pointed a weapon at pursuing police and shots were fired by the police at defendant until he collapsed near the median on Broadway near 160th Street. Defendant claims that his motion to suppress an operable handgun and cocaine contained in a knapsack should have been granted since the warrantless search of the knapsack was not incident to his arrest. The knapsack was within a grabbable area of...

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