People v. Barclay
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously reversed on the law, motions denied and matter remitted to Onondaga County Court for further proceedings on the indictment. Memorandum: County Court erred in granting defendants’ motion to suppress the physical evidence seized by the police. The testimony at the suppression hearing establishes that defendant Barclay was lawfully arrested for exposure of a person, a violation (Penal Law § 245.01), which was committed in the officer’s presence. The search of Barclay was thus authorized as a search incident to a lawful arrest (see, United States v Robinson, 414 US 218, 235;…
2Cases cited14 opinions
- United States v. RobinsonSupreme Court of the United States · 1973
- People v. De BourNew York Court of Appeals · 1976
- People v. HollmanNew York Court of Appeals · 1992
- People v. GonzalezNew York Court of Appeals · 1976
- People v. BeltonNew York Court of Appeals · 1982
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Micalizzi v. CiamarraDistrict Court, S.D. New York · 2002
- People v. TaylorAppellate Division of the Supreme Court of the State of New York · 2002
- People v. Mena-CossAppellate Division of the Supreme Court of the State of New York · 1994
- People ex rel. Johnson v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 2002
- People v. BryantAppellate Division of the Supreme Court of the State of New York · 1997
7 more not listed; retrieve them via the Exa API.