People v Duffy

People v Duffy 2009 NY Slip Op 07685 [66 AD3d 588] October 27, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 9, 2009

The People of the State of New York, Respondent,
v
Sean Duffy, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (David Crow of counsel), and Cleary Gottlieb Steen & Hamilton LLP, New York (Joon H. Kim of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Patrick J. Hynes of counsel), for respondent.

Judgment, Supreme Court, New York County (Daniel Conviser, J.), rendered March 11, 2008, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony drug offender whose prior conviction was a violent felony, to a term of six years, to be followed by a three-year term of postrelease supervision, unanimously reversed, on the law, defendant's motion to suppress granted and the indictment dismissed.

As the People concede, defendant is entitled to suppression of evidence recovered by way of a manual body cavity search conducted without a warrant or exigent circumstances (see People v Hall, 10 NY3d 303 [2008], cert denied 555 US —, 129 S Ct 159 [2008]). Concur—Mazzarelli, J.P., Andrias, Moskowitz, Renwick and Richter, JJ.