Majority
Judgment unanimously affirmed. Memorandum: Defendant was arrested based upon probable cause provided by an eyewitness to a crime defendant had committed (see, People v Bigelow, 66 NY2d 417 , 423). Supreme Court properly denied defendant’s motion to suppress evidence seized from her purse because the search and seizure were incident to the lawful arrest (see, United States v Robinson, 414 US 218 , 235; People v Weintraub, 35 NY2d 351 , 354) and the arresting officer reasonably believed that the purse might contain a weapon or stolen property (see, People v Smith, 59 NY2d 454 , 458-459; People v Johnson, 59 NY2d 1014 , 1016; cf., People v Gokey, 60 NY2d 309 ). (Appeal from Judgment of Supreme Court, Monroe County, Bergin, J.—Attempted Criminal Possession Forged Instrument, 2nd Degree.) Present—Callahan, A. P. J., Denman, Green, Pine and Davis, JJ.
Cases cited
- People v. Bigelow 66 NY2d 417 at 423 p. 963
- United States v. Robinson 414 US 218 at 235 p. 963
- People v. Weintraub 35 NY2d 351 at 354 p. 963
- People v. Smith 59 NY2d 454 at 458-459 p. 963
- People v. Johnson 59 NY2d 1014 at 1016 p. 963
- People v. Gokey 60 NY2d 309 p. 963