People v. Lampkin

Appellate Division of the Supreme Court of New York

People v. Lampkin

251 A.D.2d 6, 672 N.Y.S.2d 713, 1998 N.Y. App. Div. LEXIS 6375

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

DecidedJune 2, 1998

StatusPublished

This text of 251 A.D.2d 6 (People v. Lampkin) 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. Lampkin, 251 A.D.2d 6, 672 N.Y.S.2d 713, 1998 N.Y. App. Div. LEXIS 6375 (N.Y. Ct. App. 1998).

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Opinion

—Judgment, Supreme Court, New York County (Bonnie Wittner, J., at suppression hearing; Laura Drager, J., at plea and sentencing), rendered May 28, 1997, convicting defendant of criminal pos[7]*7session of a controlled substance in the second degree, and sentencing him, as a second felony offender, to a term of 6 years to life, unanimously affirmed.

The motion court correctly concluded that the search of defendant’s bag was proper as incident to the lawful arrest since that property had not yet been reduced to the exclusive control of the police (People v Manigault, 247 AD2d 255; People v Wylie, 244 AD2d 247). Moreover, defendant and his accomplice had not yet been handcuffed when defendant’s bag was searched in close proximity to the arrest. Concur — Sullivan, J. P., Milonas, Rosenberger, Nardelli and Williams, JJ.

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—Judgment, Supreme Court, New York County (Bonnie Wittner, J., at suppression hearing; Laura Drager, J., at plea and sentencing), rendered May 28, 1997, convicting defendant of criminal pos[7]*7session of a controlled substance in the second degree, and sentencing him, as a second felony offender, to a term of 6 years to life, unanimously affirmed.

The motion court correctly concluded that the search of defendant’s bag was proper as incident to the lawful arrest since that property had not yet been reduced to the exclusive control of the police (People v Manigault, 247 AD2d 255; People v Wylie, 244 AD2d 247). Moreover, defendant and his accomplice had not yet been handcuffed when defendant’s bag was searched in close proximity to the arrest. Concur — Sullivan, J. P., Milonas, Rosenberger, Nardelli and Williams, JJ.

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Bluebook (online)

251 A.D.2d 6, 672 N.Y.S.2d 713, 1998 N.Y. App. Div. LEXIS 6375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lampkin-nyappdiv-1998.

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