People v. Soto
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Defendant’s suppression motion was properly denied. Drugs were recovered from defendant incident to a lawful arrest. Defendant committed a violation in the presence of police officers, who properly elected to make an arrest rather than issuing a summons because defendant carried no identification and stated that he was homeless. Defendant argues that the Equal Protection Clause requires the police, in making such a decision, to treat a defendant’s residence in a homeless shelter the same as any other verifiable address. We need not decide that issue because there is no evidence that defendant…
2Cited by1 opinion
- People v. MirandaNew York Court of Appeals · 2012