People v. Myers

The defendant pleaded guilty under two indictments to the crimes of attempted sale of a dangerous drug in the third degree, criminal possession of a dangerous drug in the third degree and criminal possession of a hypodermic instrument. The question before us is whether his initial arrest for public intoxication (Penal Law, § 240.40) and the search of his person incident to the arrest, whereby the contraband was found, were void because the statute is unconstitutional. Before pleading guilty the defendant moved to suppress the contraband and, after a hearing, the motion was denied. We concur…