People v. Plato
| Decision Date | 24 February 1998 |
| Citation | 668 N.Y.S.2d 462,247 A.D.2d 317 |
| Parties | 1998 N.Y. Slip Op. 1505 The PEOPLE of the State of New York, Respondent, v. Kenneth PLATO, Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
Lisa H. Blitman, for Respondent.
Alan F. Katz, for Defendant-Appellant.
Judgment, Supreme Court, New York County (Michael Obus, J.), rendered August 17, 1995, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him, as a second violent felony offender, to a term of 2 1/2 to 5 years, unanimously affirmed.
Defendant's suppression motion was properly denied. Within a minute of receiving a radio transmission that an armed robbery had been committed by a black man wearing a black jacket and black-hooded sweatshirt and that the man was travelling north from the crime scene with two others, the officers saw defendant, fitting the description in the transmission, walking, with two others, four or five blocks from the location of the crime scene in the same direction that the robbers had reportedly taken. These circumstances gave the police reasonable suspicion upon which to stop and frisk defendant (People v. Salaman, 71 N.Y.2d 869, 527 N.Y.S.2d 750, 522 N.E.2d 1048; People v. Hodge, 237 A.D.2d 234, 655 N.Y.S.2d 21, lv. denied 90 N.Y.2d 894, 662 N.Y.S.2d 437, 685 N.E.2d 218; People v. Pagan, 227 A.D.2d 133, 641 N.Y.S.2d 641, lv. denied 88 N.Y.2d 991, 649 N.Y.S.2d 398, 672 N.E.2d 624). We have considered defendant's remaining contentions and find them to be without merit.
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Jakiyo L., In re
...vicinity matched the description given by the informant (see, e.g., People v. Samuel, 247 A.D.2d 244, 668 N.Y.S.2d 602; People v. Plato, 247 A.D.2d 317, 668 N.Y.S.2d 462; People v. Acevedo, 181 A.D.2d 596, 581 N.Y.S.2d 334; People v. Alford, 146 A.D.2d 635, 536 N.Y.S.2d 848; People v. Castr......
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People v. Overby
...him in order to conduct a showup with the complainant (see, People v. Breaziel, 246 A.D.2d 310, 667 N.Y.S.2d 347; People v. Plato, 247 A.D.2d 317, 668 N.Y.S.2d 462; People v. Johnson, 245 A.D.2d 112, 666 N.Y.S.2d 142). Under the circumstances presented, where defendant was suspected of tryi......
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People v. Torres
...of the detention and the crime, and particularly since the transmission indicated the flight path of the suspect (see, People v. Plato, 247 A.D.2d 317, 668 N.Y.S.2d 462, lv. denied 91 N.Y.2d 976, 672 N.Y.S.2d 855, 695 N.E.2d 724; People v. Acevedo, 181 A.D.2d 596, 581 N.Y.S.2d 334, lv. deni......
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People v. Rojas
...was sufficiently specific given the close spatial and temporal proximity between the drug transaction and the detention (see, People v Plato, 247 A.D.2d 317 lv denied 91 N.Y.2d 976; People v McGriff, 232 A.D.2d 326, lv denied 89 N.Y.2d 926). Moreover, defendant was in the company of another......