People v. Stevenson
| Decision Date | 30 October 2008 |
| Docket Number | 4450.,5367/05. |
| Citation | 867 N.Y.S.2d 56,2008 NY Slip Op 8263,55 A.D.3d 486 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WALLACE STEVENSON, Appellant. |
| Court | New York Supreme Court — Appellate Division |
The court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations, which are supported by the record (see People v Prochilo, 41 NY2d 759, 761 [1977]). Police officers responded to an anonymous report that there was an undescribed man with a gun a block away from their location. Almost immediately, they observed defendant, who was running toward them from the described location, looking over his shoulder, and carrying a clear bag that contained what appeared to be possible narcotics packaging material. At this point, the police had ample basis for a level two common-law inquiry (see People v De Bour, 40 NY2d 210, 223 [1976]). When an officer tried to block defendant's path and get him to stop, this did not transform the inquiry into a seizure requiring reasonable suspicion (see People v Rodriguez, 49 AD3d 431 [2008], lv denied 10 NY3d 964 [2008]; People v Cherry, 30 AD3d 185, 185-186 [2006], lv denied 7 NY3d 811 [2006]; People v Grunwald, 29 AD3d 33, 38-39 [2006], lv denied 6 NY3d 848 [2006]). Defendant refused to stop, continued running, threw the bag over the officer's head and crashed into him, resulting in a struggle. At this point, the totality of the chain of events provided reasonable suspicion of criminality, warranting a frisk that revealed a firearm. It is of no moment that defendant's flight was toward the officer, in an effort to get past him, especially since defendant was also discarding the bag; defendant was clearly attempting to evade the officer and distance himself from possible contraband (see People v Wigfall, 295 AD2d 222 [2002], lv denied 99 NY2d 540 [2002]; see also People v Wells, 14 AD3d 320 [2005], affd 7 NY3d 51 [2006]). In addition, the bag, which was later found to contain cocaine, was legally seized after defendant abandoned it (see People v Reyes, 83 NY2d 945 [1994])....
To continue reading
Request your trial
-
In re Shariff H.
...v. De Bour, 40 N.Y.2d at 223, 386 N.Y.S.2d 375, 352 N.E.2d 562; People v. Bolta, 96 A.D.3d 773, 774, 945 N.Y.S.2d 423; People v. Stevenson, 55 A.D.3d 486, 867 N.Y.S.2d 56; Matter of Jamaal C., 19 A.D.3d at 145, 797 N.Y.S.2d 13). Hence, the conduct of the arresting officer in this regard was......
-
In re Shariff H.
...De Bour, 40 N.Y.2d at 223, 386 N.Y.S.2d 375, 352 N.E.2d 562 ; People v. Bolta, 96 A.D.3d 773, 774, 945 N.Y.S.2d 423 ; People v. Stevenson, 55 A.D.3d 486, 867 N.Y.S.2d 56 ; Matter of Jamaal C., 19 A.D.3d at 145, 797 N.Y.S.2d 13 ). Hence, the conduct of the arresting officer in this regard wa......
-
People v. Williams
...we decline to review it in the interest of justice. As an alternative holding, we reject it on the merits (see People v. Stevenson, 55 A.D.3d 486, 867 N.Y.S.2d 56 [1st Dept.2008], lv. denied 12 N.Y.3d 788, 879 N.Y.S.2d 65, 906 N.E.2d 1099 [2009] ). The showup identification procedure conduc......
-
People v. Stevenson
...N.E.2d 1099 12 N.Y.3d 788 PEOPLE v. STEVENSON (WALLACE). Court of Appeals of New York. March 9, 2009. Appeal from 1st Dept.: 55 A.D.3d 486, 867 N.Y.S.2d 56 (NY). Application for leave to Criminal Appeal Denied. (Ciparick, ...