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PEOPLE v. HALL

39 A.D.3d 100 (2007)

829 N.Y.S.2d 85

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. AZIM HALL, Respondent.

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

February 6, 2007.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney, New York City (Vincent Rivellese of counsel), for appellant.

Robert S. Dean, Center for Appellate Litigation, New York City (Barbara Zolot of counsel), for respondent.

TOM, J.P., MARLOW, McGUIRE and MALONE, JJ., concur.

OPINION OF THE COURT

SAXE, J.

On this appeal by the People from an order granting suppression of physical evidence, we are asked to consider whether the police violated the Fourth Amendment's prohibition against unreasonable searches and seizures by extracting a small bag secreted within defendant's rectum. This took place at the police precinct, following defendant's arrest for criminal sale of a controlled substance in the third degree, after the police...

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