Court of Appeals of New York

Defendant's arrest for disorderly conduct was not supported by probable cause due to insufficient proof on the public harm element, and since his arrest was not lawful, the cocaine seized during the search incident to that arrest should have been suppressed, and therefore, the indictment should have been dismissed in its entirety, and the guilty plea vacated.

Appellate Information

• Decided 02/07/2013
• Published 02/07/2013

Judges

• GRAFFEO

Court

• Court of Appeals of New York

Counsel