People
v.
Campbell

Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of the State of New YorkMay 24, 2018
2018 N.Y. Slip Op. 3754 (N.Y. App. Div. 2018)

6665 1212N/14

05-24-2018

The People of the State of New York, Respondent, v. Shawn Campbell, Defendant-Appellant.

Rosemary Herbert, Office of the Appellate Defender, New York (Matthew J. Grier of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Frank Glaser of counsel), for respondent.


Rosemary Herbert, Office of the Appellate Defender, New York (Matthew J. Grier of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Frank Glaser of counsel), for respondent.

Judgment, Supreme Court, New York County (Michael R. Sonberg, J.) rendered March 22, 2016, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him to a term of 90 days concurrent with 5 years' probation, unanimously affirmed.

The hearing court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations, which are supported by the record (see People v Prochilo, 41 NY2d 759, 761 [1977]). Evidence credited by the court established that the police recovered a quantity of cocaine by way of a lawful strip search (see People v Hall, 10 NY3d 303, 310—311 [2008]). Reasonable suspicion warranting a strip search resulted from, among other things, an officer's detection of a hard object under defendant's pants in the area of his buttocks. Furthermore, the search was conducted in a reasonable manner. The court also correctly determined that the search did not rise to the level of intrusion of a visual body cavity search and that, in any event, a visual body cavity search would likewise have been permissible under the circumstances (see id.).

We perceive no basis for reducing the sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MAY 24, 2018

CLERK