People v. Thomas

Decision Date28 May 2002
PartiesTHE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>DERRICK THOMAS, Appellant.
CourtNew York Supreme Court — Appellate Division

Florio, J.P., Friedmann, H. Miller and Townes, JJ., concur.

Ordered that the judgment and the resentence are affirmed.

Contrary to the defendant's contention, the police had reasonable suspicion to stop and frisk him based on a radio transmission providing a general description of the perpetrator of a crime and his location, the close proximity of the defendant to the site of the crime, the brief period of time between the crime and the discovery of the defendant near the location of the crime, and the detective's observation of the defendant, who matched the radio-transmitted description of the perpetrator (see People v Lynch, 285 AD2d 518, 519, lv denied 96 NY2d 940, cert denied ___ US ___, 122 S Ct 1968 [May 20, 2002]; People v Sharpe, 259 AD2d 639).

The defendant's contentions raised in his supplemental pro se brief are either unpreserved for appellate review or without merit.

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3 cases
  • People v. Smith
    • United States
    • New York Supreme Court
    • 9 Marzo 2021
    ...991, 904 N.Y.S.2d 81 (2d Dept. 2010) ; People v. Tatum , 39 A.D.3d 571, 835 N.Y.S.2d 217 (2d Dept. 2007) ; People v. Thomas , 294 A.D.2d 607, 743 N.Y.S.2d 280 (2d Dept. 2002) ; People v. Lynch , 285 A.D.2d 518, 728 N.Y.S.2d 489 (2d Dept. 2001).9 That the defendant was handcuffed and placed ......
  • People v. Thurmond
    • United States
    • New York Supreme Court — Appellate Division
    • 28 Mayo 2002
  • People v. Taylor
    • United States
    • New York Supreme Court — Appellate Division
    • 28 Mayo 2002

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