PEOPLE v. MAXWELL


22 A.D.3d 314 (2005)

804 N.Y.S.2d 290

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARIO MAXWELL, Appellant.

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

October 13, 2005.


The court properly denied defendant's suppression motion in all respects. Defendant was properly arrested for traffic violations following his inability to establish his identity. As defendant was being placed in a holding cell, an officer advised him that he was about to be searched, and asked defendant to alert him to any sharp objects on his person so that the officer would not injure himself. Defendant's query, "If I give you what I have can I get a summons?" was not...

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