People v Fulladosa

Holding The court reversed the conviction and dismissed the indictment because the search incident to arrest was unlawful. The officers deliberately declined to arrest the defendant for drug offenses, and the arrest for disorderly conduct was improper because the defendant’s identity was known, requiring an appearance ticket rather than an arrest.

The court’s words

the officers had an established intention not to arrest for potential drug charges

2026 NY Slip Op 05458, at the official text

Defendant was thus entitled, under CPL 150.20, to be issued an appearance ticket

2026 NY Slip Op 05458, at the official text

the officers deliberately declined to arrest defendant for a drug-related offense

2026 NY Slip Op 05458, at the official text

Devenpeck does not authorize a search incident to arrest where each proffered basis for the arrest is independently unlawful

2026 NY Slip Op 05458, at the official text