PEOPLE v. HAWKINS

15578, 1633/07

130 A.D.3d 426 (2015)

13 N.Y.S.3d 60

2015 NY Slip Op 05775

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRIAN HAWKINS, Appellant.

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

Decided July 2, 2015.


The court properly denied defendant's suppression motion. Defendant argued only that the pistol found in the trunk of his car should be suppressed as the fruit of an unlawful arrest, and that claim was without merit because he was at the very least lawfully arrested for driving with a suspended license. Defendant failed to argue, as he does on appeal, that the search of the car was not a lawful search incident to arrest or a lawful search under the automobile exception (...

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