People v. Perry

Decision Date29 March 1988
Citation71 N.Y.2d 871,527 N.Y.S.2d 760
Parties, 522 N.E.2d 1058 The PEOPLE of the State of New York, Respondent, v. Thomas PERRY, Appellant.
CourtNew York Court of Appeals Court of Appeals

On review of submissions pursuant to section 500.4 of the Rules, order affirmed for reasons stated in the memorandum of the Appellate Division (133 A.D.2d 380, 519 N.Y.S.2d 377).

WACHTLER, C.J., and SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK and BELLACOSA, JJ., concur.

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12 cases
  • People v. Durham, 1491/2011.
    • United States
    • New York Supreme Court
    • February 23, 2012
    ...A.D.2d 557,appeal denied86 N.Y.2d 841;People v. Jackson, 158 A.D.2d 545,appeal denied76 N.Y.2d 737;People v. Perry, 133 A.D.2d 380,aff'd71 N.Y.2d 871). Officer Burbridge never exited the police vehicle, alerted defendant to his presence or acted in any manner which would or could have cause......
  • People v. Decayette
    • United States
    • New York Supreme Court — Appellate Division
    • July 3, 1995
    ...562; People v. Jackson, 158 A.D.2d 545, 551 N.Y.S.2d 313; People v. Perry, 133 A.D.2d 380, 519 N.Y.S.2d 377, affd. 71 N.Y.2d 871, 527 N.Y.S.2d 760, 522 N.E.2d 1058). The defendant's attempt to flee upon the officers' approach gave rise to the requisite reasonable suspicion that the defendan......
  • People v. Jackson
    • United States
    • New York Supreme Court — Appellate Division
    • February 13, 1990
    ...v. De Bour, 40 N.Y.2d 210, 386 N.Y.S.2d 375, 352 N.Y.S.2d 562; People v. Perry, 133 A.D.2d 380, 519 N.Y.S.2d 377, affd 71 N.Y.2d 871, 527 N.Y.S.2d 760, 522 N.E.2d 1058). The fact that the police officer approached the defendant's automobile with his gun drawn did not transform an otherwise ......
  • People v. Clark
    • United States
    • New York Supreme Court — Appellate Division
    • April 15, 1991
    ...313; People v. Miller, 146 A.D.2d 809, 537 N.Y.S.2d 287; People v. Perry, 133 A.D.2d 380, 519 N.Y.S.2d 377, affd. 71 N.Y.2d 871, 527 N.Y.S.2d 760, 522 N.E.2d 1058). Under the circumstances presented, the officers were permitted to exercise caution in order to ensure their personal safety (s......
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