PEOPLE v. LEWIS


50 A.D.3d 595 (2008)

857 N.Y.S.2d 87

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

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

Decided April 29, 2008.


The court properly denied defendant's suppression motion. The officer had probable cause to believe that defendant had committed a violation in his presence (see CPL 140.10 [1] [a]; [2] [a]). The pertinent portions of Arts and Cultural Affairs Law §§ 25.11 and 25.35 make it a violation to resell or offer to resell (at any price) tickets to an entertainment venue seating over 5,000 persons, within 1,500 feet of the building. The officer observed defendant...

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