| People v Placek |
| 2009 NY Slip Op 00310 [58 AD3d 538] |
| January 22, 2009 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Steven Placek, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Allen J. Vickey of counsel), forrespondent.
Judgment, Supreme Court, New York County (Marcy L. Kahn, J., at suppression hearing;Ronald A. Zweibel, J., at plea and sentence), rendered September 27, 2007, convicting defendantof criminal possession of a controlled substance in the fifth degree, and sentencing him to a termof 1½ years, unanimously affirmed.
The court properly denied defendant's suppression motion. Incident to a lawful arrest, thepolice recovered a bag of drugs from defendant's person. The record supports the hearing court'sfactual determination that there was no body cavity search requiring a warrant, because the bagwas between defendant's underwear and his buttocks, and was not in his rectum (see People v Walker, 27 AD3d899, 901 [2006], lv denied 7 NY3d 764 [2006]; People v Butler, 27 AD3d 365, 369 [2006], lv dismissed 6NY3d 893 [2006]). Concur—Tom, J.P., Andrias, Nardelli, Catterson and Moskowitz, JJ.