People v Mora-Diaz
2017 NY Slip Op 08485 [156 AD3d 426]
December 5, 2017
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 24, 2018
As corrected through Wednesday, February 7, 2018


[*1]
 The People of the State of New York, Respondent,
v
Leonardo Mora-Diaz, Appellant.

Seymour W. James, Jr., The Legal Aid Society, New York (Anita Aboagye-Agyeman of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Sheila L. Bautista of counsel), for respondent.

Judgment, Supreme Court, New York County (Michael J. Obus, J.), rendered June 6, 2013, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fourth degree, and sentencing him to four years' probation, unanimously reversed, on the law, defendant's motion to suppress granted, and the indictment dismissed.

As the People concede, defendant is entitled to suppression because the hearing evidence did not establish a sufficient basis for a search of a closed container incident to defendant's arrest, under the principles set forth in People v Jimenez (22 NY3d 717 [2014]), which was decided after defendant's conviction. Concur—Richter, J.P., Manzanet-Daniels, Andrias, Kern and Singh, JJ.