People v. Canal
Cases that cite this one
4 later published cases cite this decision.
- People v. Mitchell (Appellate Division of the Supreme Court of New York 2017)
- KALIKOW, BRYAN M., PEOPLE v (Appellate Division of the Supreme Court of New York 2011)
- People v. Kalikow (Appellate Division of the Supreme Court of New York 2011)
- People v. Hill (Appellate Division of the Supreme Court of New York 2006)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal from a judgment of the Supreme Court (Lamont, J.), rendered August 1, 2003 in Albany County, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fifth degree.
Defendant was observed on Dana Avenue in the City of Albany drinking beer from a bottle. He was arrested for violating the City of Albany’s open container ordinance, and a subsequent search of his person revealed nine pieces of crack cocaine. As a consequence, defendant was indicted and charged with criminal possession of a controlled substance in the third and fifth degrees. Following a Dunaway/Mapp hearing, where defendant unsuccessfully sought to suppress the cocaine, he pleaded guilty to criminal possession of a controlled substance in the fifth degree and was sentenced, as a second felony offender, to an indeterminate term of imprisonment of SVa to 7 years. Defendant now appeals.
We affirm. Contrary to defendant’s assertion, where, as here, the police arrest a person for an offense committed in their presence, they are justified in conducting a search incident to that arrest (see People v Pantusco, 107 AD2d 854, 855-856 [1985] [search incident to arrest for violation of open container ordinance]).
Peters, Spain and Mugglin, JJ., concur. Ordered that the judgment is affirmed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.