Appellate court upholds lower court’s rejection of motion to suppress evidence

Share on facebook
Facebook
Share on twitter
Twitter
Share on linkedin
LinkedIn
Share on email
Email
Share on print
Print

GOSHEN – A man convicted in Orange County Court of several counts of drug possession, resisting arrest and unlawful possession of marijuana, has had his appellate court challenge to suppress evidence denied.

The Appellate Division of State Supreme Court ruled in an August 17 decision that “contrary to the defendant’s contention, the record supports the court’s factual findings that the defendant was not subjected to a strip search or a cavity search.”

The appeals court also ruled that contrary to Bradley Valentin’s contention, “the police officers’ actions, as found by the court, of patting down the defendant incident to a lawful arrest and then reaching into the defendant’s pant leg and underwear to recover two to bags of drugs near his groin and buttocks, were reasonable under the circumstances.”

The conviction for possession of marijuana was tossed as possession of small amounts was legalized.