An upstate police department’s premature arrest of a drug suspect led an appellate panel to throw out an indictment in the panel’s latest foray into the People v. DeBour thicket.
In a unanimous memorandum, the Appellate Division, Fourth Department, said a trial court should have suppressed a dagger and bag of cocaine in plain sight in the suspect’s car because the police effectively arrested the man, who was fleeing, before they saw the evidence. The court vacated Belton Lee’s guilty plea to a weapons charge and dismissed the indictment.
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