PEOPLE v. PLACEK


58 A.D.3d 538 (2009)

870 N.Y.S.2d 788

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVEN PLACEK, Appellant.

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

January 22, 2009.


The court properly denied defendant's suppression motion. Incident to a lawful arrest, the police recovered a bag of drugs from defendant's person. The record supports the hearing court's factual determination that there was no body cavity search requiring a warrant, because the bag was between defendant's underwear and his buttocks, and was not in his rectum (see People v Walker, 27 A.D.3d 899, 901 [2006], lv denied 7 N.Y...

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