PEOPLE v. SIMMONS

4229. 4106/14.

151 A.D.3d 628 (2017)

2017 NY Slip Op 05179

58 N.Y.S.3d 329

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TROY SIMMONS, Appellant.

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

Decided June 27, 2017.


The court erred in denying defendant's suppression motion on the ground that the officer recovered the gravity knife from defendant based on a "search incident to arrest." Although the record supports a finding that the officer had probable cause to arrest defendant for assault based on reliable information from the assault victim, the People failed to meet their burden (see People v Di Stefano, 38 N.Y.2d 640, 652 [1976]) of demonstrating...

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