Opinion
December 15, 1998
Appeal from the Supreme Court, New York County (Nicholas Figueroa, J.).
The motion court properly concluded that the search of defendant's bag was proper as incident to a lawful arrest since it was conducted simultaneously with defendant being handcuffed ( see, People v. Wylie, 244 A.D.2d 247, lv denied 91 N.Y.2d 946), and defendant's property had not yet been reduced to the exclusive control of the police. Contrary to defendant's arguments, the requisite exigency was readily inferable from the officer's testimony ( People v. Moore, 32 N.Y.2d 67, 72, cert denied 414 U.S. 1011).
Concur — Ellerin, J. P., Nardelli, Rubin and Saxe, JJ.