Opinion
November 15, 1991
Appeal from the Supreme Court, Monroe County, Bergin, J.
Present — Callahan, A.P.J., Denman, Green, Pine and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant was arrested based upon probable cause provided by an eyewitness to a crime defendant had committed (see, People v. Bigelow, 66 N.Y.2d 417, 423). Supreme Court properly denied defendant's motion to suppress evidence seized from her purse because the search and seizure were incident to the lawful arrest (see, United States v Robinson, 414 U.S. 218, 235; People v. Weintraub, 35 N.Y.2d 351, 354) and the arresting officer reasonably believed that the purse might contain a weapon or stolen property (see, People v. Smith, 59 N.Y.2d 454, 458-459; People v. Johnson, 59 N.Y.2d 1014, 1016; cf., People v. Gokey, 60 N.Y.2d 309).