Opinion
November 12, 1998
Appeal from the Supreme Court, New York County (Richard Carruthers, J.).
The motion court correctly concluded that the search of the flip top cigarette box was proper as incident to the lawful arrest since the property had not yet been reduced to the exclusive control of the police ( see, People v. Manigault, 247 A.D.2d 255, lv denied 92 N.Y.2d 855; People v. Wylie, 244 A.D.2d 247, lv denied 91 N.Y.2d 946). Moreover, defendant had not yet been handcuffed when the cigarette box was searched in close proximity to the arrest ( People v. Perez, 252 A.D.2d 353).
Concur — Milonas, J. P., Rosenberger, Williams, Tom and Saxe, JJ.