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PEOPLE v. DIAZ

9112, 3973/08

107 A.D.3d 401 (2013)

966 N.Y.S.2d 413

2013 NY Slip Op 3937

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NOEL DIAZ, Appellant.

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

Decided June 4, 2013.

The search of defendant's backpack following his arrest was unlawful because he was handcuffed at the time of the search and it was no longer in his control (see People v De Santis, 46 N.Y.2d 82, 89 [1978], cert denied 443 U.S. 912 [1979]). The contents of the backpack, which included a pair of pliers and unused garbage bags, should have been suppressed because even where a container is not in the exclusive control of the...

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