Opinion
June 2, 1998
Appeal from the Supreme Court, New York County (Bonnie Wittner, J., at suppression hearing; Laura Drager, J., at plea and sentencing).
The motion court correctly concluded that the search of defendant's bag was proper as incident to the lawful arrest since that property had not yet been reduced to the exclusive control of the police (People v. Manigault, 247 A.D.2d 255; People v. Wylie, 244 A.D.2d 247). Moreover, defendant and his accomplice had not yet been handcuffed when defendant's bag was searched in close proximity to the arrest.
Concur — Sullivan, J. P., Milonas, Rosenberger, Nardelli and Williams, JJ.