PEOPLE v. REID

No. 205.

24 N.Y.3d 615 (2014)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GRAHAM REID, Appellant.

Court of Appeals of New York.

Decided December 16, 2014.


Attorney(s) appearing for the Case

Davis Polk & Wardwell LLP, New York City ( Antonio J Perez-Marques , Marc J. Tobak and Gabriel Jaime of counsel), and Steven Banks , The Legal Aid Society, Criminal Appeals Bureau, New York City ( Peter R. Mitchell , John Schoeffel and Andrew C. Fine of counsel), for appellant.

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

New York Civil Liberties Union Foundation, New York City ( Alexis Karteron , Christopher Dunn and Philip Desgranges of counsel), for New York Civil Liberties Union, amicus curiae.

Chief Judge LIPPMAN and Judges PIGOTT and RIVERA concur; Judge READ dissents in an opinion; Judge ABDUS-SALAAM taking no part.


OPINION OF THE COURT

The issue here is whether a search of a driver by the police officer who stopped his car was "incident" to the driver's arrest. We hold that it was not, because the record shows that, although probable cause to arrest the driver existed before the search, the driver would not have been arrested if the search...

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