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PEOPLE v. MABRY

No. 50 SSM 8.

37 N.Y.3d 933 (2021)

169 N.E.3d 1227

146 N.Y.S.3d 864

2021 NY Slip Op 03348

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NATHANIEL MABRY, Appellant.

Court of Appeals of New York.

Decided May 27, 2021.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York City ( Denise Fabiano of counsel), for appellant.

Melinda Katz , District Attorney, Kew Gardens ( Hannah X. Scotti of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed and the case remitted to Supreme Court for further proceedings in accordance with this memorandum.

The People failed to establish that the warrantless search of defendant's backpack was a valid search incident to arrest (see People v Jimenez, 22 N.Y.3d 717, 721-722 [2014]). The record does not contain evidence supporting...

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