People v. Green

CourtNew York Court of Appeals
Writing for the CourtJONES; BREITEL; STEVENS
Citation360 N.Y.S.2d 243,35 N.Y.2d 193,318 N.E.2d 464
Parties, 318 N.E.2d 464 The PEOPLE of the State of New York, Respondent, v. James GREEN, Appellant.
Decision Date07 October 1974

Page 243

360 N.Y.S.2d 243
35 N.Y.2d 193, 318 N.E.2d 464
The PEOPLE of the State of New York, Respondent,
James GREEN, Appellant.
Court of Appeals of New York.
Oct. 7, 1974.

[35 N.Y.2d 194] Diana A. Steele and William E. Hellerstein, New York City, for appellant.

Page 244

Frank S. Hogan, Dist. Atty. (Allen G. Swan and Lewis R. Friedman, New York City, of counsel), for respondent.

[35 N.Y.2d 195] JONES, Judge.

We conclude that the facts disclosed in this record were such as to warrant a person of reasonable caution in believing that a frisk of defendant's person was appropriate (People v. Moore, 32 N.Y.2d 67, 69, 343 N.Y.S.2d 107, 110, 295 N.E.2d 780, 782; Terry v. Ohio, 392 U.S. 1, 21--22, 88 S.Ct. 1868, 20 L.Ed.2d 889). This being so the motion to suppress the gun discovered in the course of the frisk was properly denied. The proper determination in cases of this sort must necessarily turn on the facts in each individual case.

At 8 o'clock in the evening a teenager previously unknown to him approached Patrolman Anderson on 143rd Street between Seventh and Eighth Avenues in New York City. The youth reported that he had been an eyewitness to an attempted robbery at the rear of a building in the immediate vicinity. He described the robber, in whose hand he had seen a gun, as tall, wearing a black leather jacket, and bearded, with a [318 N.E.2d 465] slight afro hair style. At this point defendant in the company of two others came down the street and the teenager pointed to defendant as the person who had committed the attempted robbery. In response to the officer's request for confirmation, the teenager said he was certain that defendant was the person he had seen.

Patrolman Anderson, without asking for or obtaining any identification of his informer, followed the trio, meanwhile calling for assistance by walkie-talkie. Defendant was kept constantly in view as he walked northerly on Eighth Avenue. Patrolman Anderson was picked up by his back-up unit in a marked patrol car and they continued to follow defendant. At the corner of Eighth Avenue and 146th Street with 30 to 50 people standing about the officer got out of the patrol car and as he approached defendant the latter 'sort of turned and looked in (his) direction and started walking away', whereupon the officer grabbed him with one hand, spun him around and patted him down, and discovered the gun in his right coat pocket.

We reject defendant's contention that in the circumstances...

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  • People v. Alba
    • United States
    • New York Supreme Court Appellate Division
    • June 25, 1981
    ...propriety of police conduct in a citizen ... encounter 'must necessarily turn on the facts in each individual case.' (People v. Green, 35 N.Y.2d 193, 195 People v. Williams, 79 A.D.2d 147, 148-149, 436 N.Y.S.2d "In assessing the reasonableness of police conduct ..., the Court of Appeals has......
  • People v. Turriago
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    ...turn on the facts of each individual case (People v. Prochilo, 41 N.Y.2d 759, 761, 395 N.Y.S.2d 635, 363 N.E.2d 1380; People v. Green, 35 N.Y.2d 193, 195, 360 N.Y.S.2d 243, 318 N.E.2d 464). At the time of the stop, the hour was late, it was dark and the onset of the hunting season brought a......
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    • New York Supreme Court Appellate Division
    • July 24, 1986
    ...416, 348 N.E.2d 891], with People v Singleteary, 35 NY2d 528 [364 N.Y.S.2d 435, 324 N.E.2d 103], and People v Green, 35 NY2d 193 [360 N.Y.S.2d 243, 318 N.E.2d 464] The applicable principle is best stated in People v. Cantor, 36 N.Y.2d 106, 365 N.Y.S.2d 509, 324 N.E.2d 872, where the defenda......
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    • June 15, 1976
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