People v. Glenn

• Decision Date: 30 January 2001
• Parties: (A.D. 1 Dept. 2001) The People of the State of New York, Respondent, v. Jerry Glenn, a/k/a Jeffrey Williamson, Defendant-Appellant. 3103 : FIRST JUDICIAL DEPARTMENT
• Court: New York Supreme Court — Appellate Division

Page 425

723 N.Y.S.2d 425 (A.D. 1 Dept. 2001)

The People of the State of New York, Respondent, v. Jerry Glenn, a/k/a Jeffrey Williamson, Defendant-Appellant.

3103

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION: FIRST JUDICIAL DEPARTMENT

January 30, 2001

Eleanor J. Ostrow - for respondent,

Heidi Bota - for defendant-appellant.

Sullivan, P.J., Andrias, Wallach, Saxe, Friedman, JJ.

Judgment, Supreme Court, New York County (Bernard Fried, J.), rendered July 13, 1998, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4 1/2 to 9 years, unanimously affirmed.

Defendant's suppression motion was properly denied. There is no basis upon which to disturb the court's credibility determinations, which are supported by the record. Upon observing the livery cab in which defendant was a passenger commit a traffic infraction, the police officers were authorized to stop the car (People v Ingle, 36 N.Y.2d 413). Since the validity of the stop is based on the objective circumstances and not the subjective intent of the police, it is irrelevant that the officers were motivated by their belief that a robbery was in progress (Whren v United States, 517 U.S. 806; People v Robinson, 271 A.D.2d 17, granted N.Y.2d; People v McCoy, 239 A.D.2d 437, lv denied 91 N.Y.2d 928).

There was probable cause to arrest defendant. The police officer observed about 50 small plastic bags, which, based on his experience, he knew were used to package illicit drugs, on the rear passenger seat within arm's reach of defendant. In addition, the officer had observed, as he approached the stopped car, movement by defendant suggesting that defendant was trying to distance himself from the bags. The totality of the circumstances, including the number of bags and defendant's furtive behavior, provided the police with probable cause (see, People v Yancy, 86 N.Y.2d 239; People v Heretakis, 210 A.D.2d 102 lv denied 86 N.Y.2d 862; People v Ramos, 168 A.D.2d 359 lv denied 77 N.Y.2d 910).