People v. Colon

Judgment, Supreme Court, New York County (Bruce Allen* J., at hearings; Maxwell Wiley, J., at plea and sentence), rendered July 22, 2009, convicting defendant of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony drug offender, to a term of 3/2 years, unanimously reversed, on the law and on the facts, defendant’s suppression motion granted, and the indictment dismissed.

The police obtained a warrant that authorized a search of defendant and his vehicle, but did not authorize any kind of body cavity search. The police took defendant to the…