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People v. Cox

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1991
177 A.D.2d 963 (N.Y. App. Div. 1991)

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).


Summaries of

People v. Cox

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1991
177 A.D.2d 963 (N.Y. App. Div. 1991)
Case details for

People v. Cox

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DIANE COX, Appellant

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

Date published: Nov 15, 1991

Citations

177 A.D.2d 963 (N.Y. App. Div. 1991)

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