People v. Greene

• Decision Date: 01 July 1993
• Citation: People v. Greene, 599 N.Y.S.2d 743, 195 A.D.2d 619 (N.Y. App. Div. 1993)
• Parties: The PEOPLE of the State of New York, Respondent, v. John F. GREENE, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 743

599 N.Y.S.2d 743

195 A.D.2d 619

The PEOPLE of the State of New York, Respondent, v.John F. GREENE, Appellant.

Supreme Court, Appellate Division Third Department.

July 1, 1993.

Joseph J. Balok Jr.(John R. McGlenn, of counsel), Elmira, for appellant.

James T. Hayden, Dist. Atty., Elmira, for respondent.

Before MIKOLL, J.P., and YESAWICH, LEVINE, CREW and CASEY, JJ.

MEMORANDUM DECISION.

Appeal from a judgment of the County Court of Chemung County(Danaher Jr., J.), rendered November 4, 1991, upon a verdict convicting defendant of the crimes of burglary in the third degree (two counts) and petit larceny (two counts).

On May 16, 1991, Police Officer Wesley Dibble received two radio transmissions while patrolling in the City of Elmira, Chemung County.The first transmission reported a burglary in progress at a barber shop located in the area of South Main Street and Pennsylvania Avenue.The second transmission stated that a Black male, wearing a black and multicolored shirt and carrying items in his hands, had been seen exiting the barber shop and was proceeding north on Pennsylvania Avenue.Upon arriving on the scene, Dibble encountered defendant, a Black male wearing a black shirt and the only person in the area, walking north on Pennsylvania Avenue and carrying a six-pack of soda and a crockery container.Dibble ordered defendant to lie on the ground.At the same time, Police Sergeant William Maloney arrived on the scene and was told by a resident of the area that he had seen defendant come out of the back of the barber shop.Maloney then crossed the street to assist Dibble and defendant was patted down and handcuffed.The crockery container was found to contain change stolen from the barber shop.County Court denied defendant's motion to suppress the physical evidence recovered from defendant.After a jury trial, defendant was convicted of two counts of burglary in the third degree and two counts of petit larceny.Defendant appeals, contending that County Court erred in failing to suppress the evidence.

Police are authorized to forcibly stop, frisk and detain a person when they have reasonable suspicion that a person was involved in a crime (see, People v. Martinez, 80 N.Y.2d 444, 447, 591 N.Y.S.2d 823, 606 N.E.2d 951;People v. De Bour, 40 N.Y.2d 210, 223, 386 N.Y.S.2d 375, 352 N.E.2d 562).We find that Dibble had reasonable suspicion to believe that defendant had committed a crime given the proximity of defendant to the time and...