Opinion
February 10, 1998
Appeal from the Supreme Court, New York County (William Leibovitz, J.).
Defendant's suppression motion was properly denied. We see no reason to disturb the hearing court's credibility determinations, which are supported by the record (see, People v. Prochilo, 41 N.Y.2d 759, 761; People v. Sioba, 187 A.D.2d 317, lv denied 81 N.Y.2d 893). Since the officers saw a crack vial in defendant's hand, they had probable cause to arrest him (People v. Alexander, 218 A.D.2d 284, lv denied 88 N.Y.2d 964). The search, conducted immediately after defendant was arrested, of a brown paper bag, which defendant had had in his other hand, was incident to such lawful arrest since such property had not yet been reduced to the exclusive control of the police (People v. Wylie, 244 A.D.2d 247; see also, People v. De Santis, 46 N.Y.2d 82, cert denied 443 U.S. 912).
Concur — Rosenberger, J. P., Ellerin, Nardelli and Rubin, JJ.