—[*1] Robert S. Dean, Center for Appellate Litigation, New York (William A. Loeb of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Allen J. Vickey of counsel), for respondent.

Judgment, Supreme Court, New York County (Marcy L. Kahn, J., at suppression hearing; Ronald A. Zweibel, J., at plea and sentence), rendered September 27, 2007, convicting defendant of criminal possession of a controlled substance in the fifth degree, and sentencing him to a term of 1½ years, unanimously affirmed.

The court properly denied defendant's suppression motion. Incident to a lawful arrest, the police recovered a bag of drugs from defendant's person. The record supports the hearing court's factual determination that there was no body cavity search requiring a warrant, because the bag was between defendant's underwear and his buttocks, and was not in his rectum (see People v Walker, 27 AD3d 899, 901 [2006], lv denied 7 NY3d 764 [2006]; People v Butler, 27 AD3d 365, 369 [2006], lv dismissed 6 NY3d 893 [2006]). Concur—Tom, J.P., Andrias, Nardelli, Catterson and Moskowitz, JJ.