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PEOPLE v. CONCEPCION

No. 104

17 N.Y.3d 192 (2011)

953 N.E.2d 779

929 N.Y.S.2d 541

2011 NY Slip Op 5110

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. REYNALDO CONCEPCION, Appellant.

Court of Appeals of New York.

Decided June 14, 2011.

Attorney(s) appearing for the Case

Appellate Advocates, New York City ( John Gemmill and Lynn W.L. Fahey of counsel), for appellant.

Charles J. Hynes , District Attorney, Brooklyn ( Thomas S. Burka and Leonard Joblove of counsel.

OPINION OF THE COURT

READ, J.

The outcome of this appeal is dictated by our decision in People v LaFontaine (92 N.Y.2d 470 [1998]). There, Supreme Court denied suppression of plastic bags of cocaine and drug paraphernalia seized after the defendant's arrest, basing its ruling on one of several alternative grounds put forward by the People to support the arrest's lawfulness (159 Misc.2d 751

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