People v. Pacella

Judgment unanimously affirmed. Memorandum: The items which defendant sought to have suppressed prior to his plea of guilty were found in his apartment in the course of searching it for marijuana and instruments adapted for its use, as provided in the search warrant. Although it appears that the officers exceeded the terms of the warrant in some aspects of their search, certain of the items seized but not mentioned in the warrant were properly seized incident to a valid custodial arrest (see People v. Weintraub, 35 N Y 2d 351; People v. McCaskey, 46 A D 2d 692). The seizure of the remaining…