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PEOPLE v. MOTHERSELL

No. 43

14 N.Y.3d 358 (2010)

926 N.E.2d 1219

900 N.Y.S.2d 715

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT MOTHERSELL, Appellant.

Court of Appeals of New York.

Decided April 1, 2010.

Attorney(s) appearing for the Case

Law Office of Ameer Benno, New York City ( Ameer Benno of counsel), and Hiscock Legal Aid, Syracuse ( Mary P. Davison of counsel), for appellant.

William J. Fitzpatrick , District Attorney, Syracuse ( James P. Maxwell and Brenton P. Dadey of counsel), for respondent.

Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur with Chief Judge LIPPMAN; Judge READ concurs in a separate concurring opinion in which Judges GRAFFEO and PIGOTT concur.

OPINION OF THE COURT

Chief Judge LIPPMAN.

The contraband defendant stands convicted of possessing was recovered from his person by means of a strip search conducted on the authority of a warrant purporting to authorize the search of all persons present at the time of its execution. Defendant now contends, as he did before the County Court and the Appellate Division, that there was not a sufficient predicate for issuance of the warrant and that, even if properly...

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