PEOPLE v. MIRANDA

No. 33

27 N.Y.3d 931 (2016)

2016 NY Slip Op 02120

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NELSON MIRANDA, Appellant.

Court of Appeals of New York.

Decided March 24, 2016.


Attorney(s) appearing for the Case

Seymour W. James, Jr. , The Legal Aid Society, New York City ( Frances A. Gallagher of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Andrew E. Seewald and Alan Gadlin of counsel), for respondent.

Chief Judge DIFIORE and Judges PIGOTT, RIVERA, ABDUS-SALAAM, STEIN, FAHEY and GARCIA concur.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Term should be affirmed.

Defendant made a motion to suppress physical evidence "seized from his person" on the basis that the property seized was the fruit of an unlawful arrest. At the conclusion of the suppression hearing, the court found probable cause for the arrest based on the officers' "observations over a nearly 30-minute period," during which defendant attempted to damage the locks...

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