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PEOPLE v. JOHNSON

No. 43

22 N.Y.3d 1162 (2014)

9 N.E.3d 902

986 N.Y.S.2d 407

2014 NY Slip Op 2217

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TODD JOHNSON, Appellant.

Court of Appeals of New York.

Decided April 1, 2014.

Attorney(s) appearing for the Case

Kramer Levin Naftalis & Frankel LLP New York City ( Stephen M. Sinaiko , Scott Ruskay-Kidd , Megan Ryan and Nicole Foley of counsel), and Steven Banks , The Legal Aid Society ( Andrew C. Fine of counsel) for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Vincent Rivellese and Frank Glaser of counsel), for respondent.

Greenberg Traurig, LLP, New York City ( William C. Silverman of counsel), Richard D. Willstatter , White Plains , and Marc Fernich , New York City, for the National Association of Criminal Defense Lawyers and another, amici curiae.

New York Civil Liberties Union Foundation, New York City ( Daniel Mullkoff , Alexis Karteron , Corey Stoughton and Christopher Dunn of counsel), for New York Civil Liberties Union, amicus curiae.

Sharon L. McCarthy , New York City ( K. Babe Howell and Diane Ferrone of counsel), for New York City Bar Association, amicus curiae.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT, RIVERA and ABDUS-SALAAM concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, defendant's motion to suppress granted and the indictment dismissed.

Defendant was arrested for disorderly conduct, searched, and found to be in possession of cocaine. We conclude that he was entitled to suppression of the cocaine because the arrest that was the predicate for the search was made without probable cause...

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