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PEOPLE v. MACK

286 A.D.2d 446 (2001)

730 N.Y.S.2d 437

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEFFREY MACK, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided August 20, 2001.

Ordered that the judgment is affirmed.

We agree with the determination of the hearing court that the items seized from the defendant's bedroom should not have been suppressed. The items were properly seized pursuant to the "plain view" doctrine (see, People v Diaz, 81 N.Y.2d 106, 110), and properly recovered in a search incident to a lawful arrest (see, People v Belton, 55 N.Y.2d 49

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