PEOPLE v. HILL

12262, 6183/08.

124 A.D.3d 456 (2015)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DERRICK HILL, Appellant.

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

Decided January 15, 2015.


The court properly denied defendant's suppression motion. The record establishes that defendant was arrested by a police sergeant who undisputedly had probable cause to make that arrest (regardless of which officer was credited with the arrest for police administrative purposes), and that a wrench was recovered from defendant's person immediately after the arrest. Accordingly, the search was incident to a preexisting lawful arrest, even though it was conducted by another...

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