Court of Appeals of New York

Defendant's motion to suppress evidence of cocaine should have been granted and the indictment is dismissed, where: 1) defendant was arrested for disorderly conduct, searched, and found to be in possession of cocaine; 2) the evidence was insufficient to provide the arresting officer with probable cause to believe that defendant either intended to cause public inconvenience, annoyance or alarm or was reckless in creating a risk of those consequences; and thus, 3) defendant was entitled to suppression of the cocaine because the arrest that was the predicate for the search was made without probable cause.

Appellate Information

• Decided 04/01/2014
• Published 04/01/2014

Judges

Court

• Court of Appeals of New York

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