PEOPLE v. SMITH


305 A.D.2d 125 (2003)

757 N.Y.S.2d 748

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DWAYNE SMITH, Appellant.

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

Decided May 1, 2003.


Even if we were to find that the court should have granted defendant's motion to suppress the physical evidence recovered as a result of a warrantless search of defendant's bag made after it had been removed from him by the officers and he had been arrested and handcuffed (see People v Gokey, 60 N.Y.2d 309 [1983]), we would find the error to be harmless (see People v Crimmins, 36 N.Y.2d 230

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