People v. Duffy

Appellate Division of the Supreme Court of New York

People v. Duffy

66 A.D.2d 588, 886 N.Y.S.2d 605

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 27, 2009

StatusPublished

This text of 66 A.D.2d 588 (People v. Duffy) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Duffy, 66 A.D.2d 588, 886 N.Y.S.2d 605 (N.Y. Ct. App. 2009).

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Opinion

Judgment, Supreme Court, New York County (Daniel Conviser, J.), rendered March 11, 2008, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony drug offender whose prior conviction was a violent felony, to a term of six years, to be followed by a three-year term of postrelease supervision, unanimously reversed, on the law, defendant’s motion to suppress granted and the indictment dismissed.

As the People concede, defendant is entitled to suppression of evidence recovered by way of a manual body cavity search conducted without a warrant or exigent circumstances (see People v Hall, 10 NY3d 303 [2008], cert denied 555 US —, 129 S Ct 159 [2008]). Concur—Mazzarelli, J.P., Andrias, Moskowitz, Renwick and Richter, JJ.

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Judgment, Supreme Court, New York County (Daniel Conviser, J.), rendered March 11, 2008, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony drug offender whose prior conviction was a violent felony, to a term of six years, to be followed by a three-year term of postrelease supervision, unanimously reversed, on the law, defendant’s motion to suppress granted and the indictment dismissed.

As the People concede, defendant is entitled to suppression of evidence recovered by way of a manual body cavity search conducted without a warrant or exigent circumstances (see People v Hall, 10 NY3d 303 [2008], cert denied 555 US —, 129 S Ct 159 [2008]). Concur—Mazzarelli, J.P., Andrias, Moskowitz, Renwick and Richter, JJ.

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Bluebook (online)

66 A.D.2d 588, 886 N.Y.S.2d 605, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-duffy-nyappdiv-2009.

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