People v. Savinelli

Appellate Division of the Supreme Court of New York

People v. Savinelli

13 A.D.3d 561, 786 N.Y.S.2d 315, 2004 N.Y. App. Div. LEXIS 15595

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

DecidedDecember 20, 2004

StatusPublished

This text of 13 A.D.3d 561 (People v. Savinelli) 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. Savinelli, 13 A.D.3d 561, 786 N.Y.S.2d 315, 2004 N.Y. App. Div. LEXIS 15595 (N.Y. Ct. App. 2004).

Pincite

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lewis, J.), rendered April 14, 2003, convicting him of criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree (two counts), and unlawful possession of marijuana, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial after a hearing (Demakos, J.), of that branch of the defendant’s omnibus motion which was to suppress physical evidence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contentions, the hearing court properly denied that branch of his motion which was to suppress physical evidence. The police had probable cause to arrest the defendant, and were also justified in frisking him pursuant [562]*562to a search incident to a lawful arrest (see People v De Bour, 40 NY2d 210, 223 [1976]). Ritter, J.P., Smith, Rivera and Lifson, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lewis, J.), rendered April 14, 2003, convicting him of criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree (two counts), and unlawful possession of marijuana, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial after a hearing (Demakos, J.), of that branch of the defendant’s omnibus motion which was to suppress physical evidence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contentions, the hearing court properly denied that branch of his motion which was to suppress physical evidence. The police had probable cause to arrest the defendant, and were also justified in frisking him pursuant [562]*562to a search incident to a lawful arrest (see People v De Bour, 40 NY2d 210, 223 [1976]). Ritter, J.P., Smith, Rivera and Lifson, JJ., concur.

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Bluebook (online)

13 A.D.3d 561, 786 N.Y.S.2d 315, 2004 N.Y. App. Div. LEXIS 15595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-savinelli-nyappdiv-2004.

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