Criminal Law · MBE-tested
The People of the State of New York, Respondent, v. Steven Placek, Appellant
58 A.D.3d 538870 N.Y.S.2d 788·New York Supreme Court, Appellate Division·2009·NY
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
The People of the State of New York, Respondent, v Steven Placek, Appellant.
[870 NYS2d 788]
[MAJORITY]
Judgment, Supreme Court, New York County (Marcy L. Kahn, J., at suppression hearing; Ronald A. Zweibel, J., at plea and sentence), rendered September 27, 2007, convicting defendant of criminal possession of a controlled substance in the fifth degree, and sentencing him to a term of IV2 years, unanimously affirmed.
The court properly denied defendant’s suppression motion. Incident to a lawful arrest, the police recovered a bag of drugs from defendant’s person. The record supports the hearing court’s factual determination that there was no body cavity search requiring a warrant, because the bag was between defendant’s underwear and his buttocks, and was not in his rectum (see People v Walker, 27 AD3d 899, 901 [2006], lv denied 7 NY3d 764 [2006]; People v Butler, 27 AD3d 365, 369 [2006], lv dismissed 6 NY3d 893 [2006]). Concur—Tom, J.E, Andrias, Nardelli, Catterson and Moskowitz, JJ.