People v. Kalikow

Memorandum:

On appeal from an order suppressing evidence seized from defendant along with statements that he made to the police, the People contend that the warrantless search of defendant was permissible. As the People correctly contend, the police may lawfully arrest a person for violating an ordinance and conduct a search incident to that arrest (see People v Canal, 24 AD3d 1034 [2005], lv denied 6 NY3d 846 [2006]; People v Taylor, 294 AD2d 825 [2002]; People v Pantusco, 107 AD2d 854, 855-856 [1985]). If there is no arrest, however, there can be no search incident thereto (see People v…