People v. Bennett

—Judgment unanimously reversed on the law, plea vacated, motion to suppress granted and matter remitted to Ontario County Court for further proceedings on the indictment. Memorandum: County Court erred in denying defendant’s motion to suppress evidence found in a closed container in a vehicle. Contrary to the People’s contention, the search was not authorized under the search incident to an arrest exception to the warrant requirement. That exception does not apply with respect to the closed container located in the vehicle where, as here, the occupants had both been placed under arrest, removed from the vehicle, and placed in patrol cars (see, People v Walker, 198 AD2d 785 , 786-787; see also, People v Torres, 74 NY2d 224 ). Also contrary to the People’s contention, the search was not