IN THE MATTER OF ANDY E., A PERSON ALLEGED TO BE A JUVENILE DELINQUENT, APPELLANT.
81 N.Y.2d 948, 613 N.E.2d 571,
597 N.Y.S.2d 665 (1993).
1 No. 142 SSM 7 [1993 N.Y. Int. 83]
April 8, 1993
Decided April 8, 1993
This memorandum is uncorrected and subject to revision before publication in the New York Reports.
Submitted by Carol Goldstein, for Appellant.
Submitted by John Hogrogian, for Respondent presentment agency.
The order of the Appellate Division should be reversed, the motion to suppress physical evidence granted and the petition dismissed.
The only relevant evidence admitted at the suppression hearing was that when the police officer grabbed a brown object in respondent's hand, he "wasn't sure what it was" and that, upon grabbing it, he felt "numerous small hard objects" in it. The officer pulled the object out of respondent's hand, discovered that it was a brown paper bag, and opened it "to see what it was." There is no theory under which this evidence could have given the officer probable cause to search respondent's bag (see, People v McNatt, 65 NY2d 1046, 1048). Since no justification for the warrantless search was presented, the seizure of the contraband was illegal and the motion to suppress should have been granted.
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On review of submissions pursuant to section 500.4 of the Rules, order reversed, without costs, respondent's motion to suppress physical evidence granted and petition dismissed, in a memorandum. Chief Judge Kaye and Judges Simons, Titone, Hancock, Bellacosa and Smith concur.