The People v. Nelson Miranda

OPINION OF THE COURT

Memorandum.

The order of the Appellate Term should be affirmed.

Defendant made a motion to suppress physical evidence “seized from his person” on the basis that the property seized was the fruit of an unlawful arrest. At the conclusion of the suppression hearing, the court found probable cause for the arrest based on the officers’ “observations over a nearly 30-minute period,” during which defendant attempted to damage the locks on three different bicycles using a tool in a “sawing” motion. As one officer stopped defendant, defendant dropped a hacksaw. The officer put…