People v. Banchon
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment, Supreme Court, New York County (Thomas Farber, J.), rendered June 26, 2012, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fourth degree, and sentencing him to five years’ probation, unanimously affirmed.
The court properly denied defendant’s suppression motion. The record establishes that drugs were recovered from defendant as a result of a valid search incident to an arrest based on probable cause, which existed prior to any seizure. Defendant was seen holding an item that the officer recognized as a type of drug packaging…
2Cases cited3 opinions
- People v. JonesNew York Court of Appeals · 1997
- People v. AlvarezAppellate Division of the Supreme Court of the State of New York · 2004
- People v. RamosAppellate Division of the Supreme Court of the State of New York · 2004
3Cited by2 opinions
- People v. FranklinAppellate Division of the Supreme Court of the State of New York · 2016
- People v. Gala (Christian)Appellate Terms of the Supreme Court of New York · 2019