People v. Smith

Judgment, Supreme Court, New York County (Arlene Silverman, J.), rendered December 21, 2000, convicting defendant, after a jury trial, of auto stripping in the second degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Even if we were to find that the court should have granted defendant’s motion to suppress the physical evidence recovered as a result of a warrantless search of defendant’s bag made after it had been removed from him by the officers and he had been arrested and handcuffed (see People v Gokey, 60 NY2d 309 [1983]), we would…