People v. Grey

Decision Date30 November 1987
Citation134 A.D.2d 613,521 N.Y.S.2d 508
PartiesThe PEOPLE, etc., Respondent, v. Renaldo GREY, Appellant.
CourtNew York Supreme Court — Appellate Division

Philip L. Weinstein, New York City (Kevin Casey, of counsel), for appellant.

Elizabeth Holtzman, Dist. Atty., Brooklyn (Barbara D. Underwood, Richard J. Cutler and Meryl R. Bronson, of counsel), for respondent.

Before BRACKEN, J.P., and BROWN, WEINSTEIN and SPATT, JJ.

MEMORANDUM BY THE COURT.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lagana, J.), rendered March 4, 1986, convicting him of manslaughter in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's behavior and his close proximity to the crime scene only minutes after the crime occurred provided a sufficient basis for the police to stop and question him. In light of the reported shooting, it was reasonable for the police to suspect the defendant had a gun and they were, therefore, justified in frisking him (see, Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889; People v. De Bour, 40 N.Y.2d 210, 386 N.Y.S.2d 375, 352 N.E.2d 562). Furthermore, the defendant's subseque detention and transportation to the crime scene were within the bounds of a lawful investigatory stop. The defendant was not handcuffed, there was no show of force, he was not taken to a police station, the distance traveled was a mere three blocks and took approximately one minute, he was informed that the reason he was being detained and transported was because the sergeant had to report to the scene immediately, and the defendant was not questioned after the initial inquiry (see, People v. Hicks, 68 N.Y.2d 234, 508 N.Y.S.2d 163, 500 N.E.2d 861). Moreover, speedy, on-the-scene identifications, as here, are productive of the most reliable identifications and thus, are of value to both the police and the defendant (see, People v. Love, 57 N.Y.2d 1023, 457 N.Y.S.2d 474, 443 N.E.2d 948; People v. Veal, 106 A.D.2d 418, 482 N.Y.S.2d 341).

We have examined defendant's remaining contentions and find them to be either unpreserved for appellate review or without merit.

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5 cases
  • Grey v. Hoke
    • United States
    • U.S. Court of Appeals — Second Circuit
    • May 9, 1991
    ...concurrent term of 5 to 10 years on the weapons count. The Appellate Division affirmed petitioner's conviction, People v. Grey, 134 A.D.2d 613, 521 N.Y.S.2d 508 (2d Dept.1987), rejecting his arguments that he had been transported to the scene of the crime without probable cause, that his tr......
  • People v. Dickerson
    • United States
    • New York Supreme Court — Appellate Division
    • September 18, 1989
    ...or "furtive" movements of individuals that have, in less dangerous situations, justified frisks and pat downs (see, People v. Grey, 134 A.D.2d 613, 521 N.Y.S.2d 508; People v. Lopez, 94 A.D.2d 627, 462 N.Y.S.2d 28; People v. Reyes, 91 A.D.2d 935, 457 N.Y.S.2d 829). Notably, the police had n......
  • People v. Ogle
    • United States
    • New York Supreme Court — Appellate Division
    • July 5, 1988
    ...(see, People v. Patrick, 130 A.D.2d 687, 515 N.Y.S.2d 609, lv. denied 70 N.Y.2d 753, 520 N.Y.S.2d 1029, 514 N.E.2d 1381; People v. Grey, 134 A.D.2d 613, 521 N.Y.S.2d 508, lv. denied 71 N.Y.2d 897, 527 N.Y.S.2d 1006, 523 N.E.2d 313; People v. Davison, 127 A.D.2d 680, 511 N.Y.S.2d 898, lv. de......
  • People v. Harris
    • United States
    • New York Supreme Court — Appellate Division
    • August 8, 1991
    ...observed who matched the description all added support to the suspicion that defendant was the man he sought. (See People v. Grey, 134 A.D.2d 613, 521 N.Y.S.2d 508; People v. Saylor, 113 A.D.2d 904, 493 N.Y.S.2d 621). Moreover, the police officer in this case had much more to guide him than......
  • Request a trial to view additional results

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