PEOPLE v. LEWIS

Ind. No. 1100/16. Appeal No. 13983. Case No. 2018-1665.

195 A.D.3d 427 (2021)

144 N.Y.S.3d 582

2021 NY Slip Op 03422

The People of the State of New York, Respondent, v. Michael Lewis, Appellant.

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

Decided June 1, 2021.


Attorney(s) appearing for the Case

Caprice R. Jenerson , Office of the Appellate Defender, New York ( Katrina Jean Myers of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Valerie Figueredo of counsel), for respondent.

Concur—Kern, J.P., Moulton, González, Scarpulla, JJ.


When the arresting officer removed a small manila envelope from defendant's pocket in a search incident to arrest, and opened it enough to "peek" inside," this constituted a search of a closed container. To the extent the envelope could be viewed as partly open, its contents were not in plain view, and were not visible until the officer opened the envelope. In the absence of exigent circumstances, the officer was not authorized to open the container to make its contents visible...

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