Opinion
April 14, 1986
Appeal from the County Court, Westchester County (Donovan, J.).
Judgment affirmed.
The record of the defendant's Mapp hearing demonstrates that the People met their burden of going forward with evidence (see, e.g., People v. Berrios, 28 N.Y.2d 361; People v. Sanders, 79 A.D.2d 688), that the defendant's arrest was based upon probable cause (see, e.g., People v. Medina, 107 A.D.2d 302; CPL 140.10), and that the search of the defendant and his shoulder bag incident to his arrest was proper because it was motivated by the arresting officers' reasonable fear for their own safety (see, e.g., People v. Smith, 59 N.Y.2d 454; People v. Johnson, 59 N.Y.2d 1014; cf. People v. Gokey, 60 N.Y.2d 309, 312-314). The defendant failed to meet his burden at the hearing of showing that his rights under the Federal or State Constitutions were violated.
We have examined the defendant's remaining contentions and find them to be without merit. Mangano, J.P., Gibbons, Brown and Lawrence, JJ., concur.