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PEOPLE v. HARRIS

4069/07, 9073.

174 A.D.3d 185 (2019)

102 N.Y.S.3d 590

2019 NY Slip Op 05099

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIE HARRIS, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 25, 2019.

Attorney(s) appearing for the Case

Seymour W. James, Jr., The Legal Aid Society, New York City (Michael C. Taglieri and Justine M. Luongo of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York City (Aaron Zucker and David M. Cohn of counsel), for respondent.

TOM and SINGH, JJ., concur with WEBBER, J.; RENWICK, J.P., dissents in an opinion in which GISCHE, J., concurs.

OPINION OF THE COURT

We find that the court properly denied defendant's suppression motion. The court correctly determined that the requirements for the search of a closed container incident to a lawful arrest were met.

Police Officer Joseph Ayala testified that he and Police Officer Theresa Figueroa were patrolling...

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