PEOPLE v. CAPERS


298 A.D.2d 184 (2002)

748 N.Y.S.2d 142

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HAROLD CAPERS, Appellant.

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

Decided October 10, 2002.


Defendant's suppression motion was properly denied. There is no basis for disturbing the court's credibility determinations, which are supported by the record (see People v Prochilo, 41 N.Y.2d 759, 761). The credible evidence established that the warrantless search of the jacket defendant chose to wear to the police station after being lawfully arrested constituted a proper search incident to arrest. The police were appropriately...

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