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People v. Morgano

Appellate Division of the Supreme Court of New York, Second Department
Apr 15, 2005
17 A.D.3d 608 (N.Y. App. Div. 2005)

Opinion

2000-03015.

April 15, 2005.

Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered March 14, 2000, convicting him of burglary in the second degree (two counts), upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing (Rosato, J.), of that branch of the defendant's omnibus motion which was to suppress physical evidence.

William E. Mariano, White Plains, N.Y., for appellant, and appellant pro se.

Jeanine Pirro, District Attorney, White Plains, N.Y. (Laurie Sapakoff and Richard Longworth Hecht of counsel), for respondent.

Before: Florio, J.P., S. Miller, Santucci and Spolzino, JJ., concur.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, there was probable cause to arrest him and the search of his bag was proper as incident to the arrest ( see People v. Roque, 99 NY2d 50, 53-54; People v. Hollman, 79 NY2d 181, 184; People v. Ralston, 303 AD2d 1014).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.


Summaries of

People v. Morgano

Appellate Division of the Supreme Court of New York, Second Department
Apr 15, 2005
17 A.D.3d 608 (N.Y. App. Div. 2005)
Case details for

People v. Morgano

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN MORGANO, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 15, 2005

Citations

17 A.D.3d 608 (N.Y. App. Div. 2005)
792 N.Y.S.2d 878