People v. Doe — 273 A.D.2d 145

Majority

p. 145

The People of the State of New York, Respondent, v John Doe, Also Known as Walter Harvest, Appellant.

[711 NYS2d 1]

Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered April 14, 1998, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third and fifth degrees, and sentencing him, as a second felony offender, to concurrent terms of 4V2 to 9 years and 2 to 4 years, respectively, unanimously affirmed.

Defendant’s suppression motion was properly denied. The experienced narcotics officer’s observation of defendant exchanging for money a small unknown object that he removed from a pack on his waist, coupled with defendant’s immediate flight through a hole into an abandoned building when the officer shouted “police,” provided probable cause for defendant’s arrest (see, People v Jones, 90 NY2d 835 ). Immediately following defendant’s arrest and removal from the building, the officer properly conducted a warrantless search of the pack, particularly since the situation was volatile in that defendant

p. 146

had been subdued after a struggle (see, People v De Santis, 46 NY2d 82 , cert denied 443 US 912 ; People v Wylie, 244 AD2d 247 , lv denied 91 NY2d 946 ). Concur — Williams, J. P., Tom, Lerner, Andrias and Friedman, JJ.

Cases cited

People v. Jones 90 NY2d 835 N.Y. 1997-06-12 p. 145
People v. De Santis 46 NY2d 82 N.Y. 1978-12-07 p. 146
McKenzie v. Montana 443 US 912 SCOTUS 1979-06-25 p. 146
People v. Wylie 244 AD2d 247 N.Y. App. Div. 1997-11-20 p. 146
Domino Media, Inc. v. Kranis 91 NY2d 946 N.Y. 1998-04-02 p. 146