People v. Woods
Decision Date | 27 December 1984 |
Citation | 475 N.E.2d 442,485 N.Y.S.2d 975,64 N.Y.2d 736 |
Parties | , 475 N.E.2d 442 The PEOPLE of the State of New York, Respondent, v. Jesus WOODS, Appellant. |
Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division, 104 A.D.2d 322, 479 N.Y.S.2d 147, should be affirmed.
In view of the findings of fact that the officers had reasonable grounds to fear for their safety, it cannot be said that they were unjustified in drawing their handguns as a precautionary measure when they approached defendant in his automobile. (See People v. Chestnut, 51 N.Y.2d 14, 21, 431 N.Y.S.2d 485, 409 N.E.2d 958.) Nor was it unreasonable, in light of his past experience with defendant, for one of the officers to pat defendant in the chest area when defendant quickly reached toward the breast area of his jacket, and for that officer, upon feeling a hard object, to reach inside the jacket and retrieve it. (See People v. Benjamin, 51 N.Y.2d 267, 271, 434 N.Y.S.2d 144, 414 N.E.2d 645; Pennsylvania v. Mimms, 434 U.S. 106, 111-112, 98 S.Ct. 330, 333-334, 54 L.Ed.2d 331.) Nor can we conclude, as a matter of law, that the police perpetrated a pretext stop or arrest.
We have examined defendant's other contentions and find them to be without merit.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.
To continue reading
Request your trial-
People v. Sanchez
...under the State Constitution. People v. Spencer, 84 N.Y.2d at 753, 622 N.Y.S.2d 483, 646 N.E.2d 785; People v. Woods, 64 N.Y.2d 736, 737, 485 N.Y.S.2d 975, 475 N.E.2d 442 (1984). The First Department's recent restatement of pretext analysis, moreover, holds that automobile stops for traffic......
-
People v. Washington
...N.Y.2d 749, 753, 622 N.Y.S.2d 483, 646 N.E.2d 785, cert. denied 516 U.S. 905, 116 S.Ct. 271, 133 L.Ed.2d 192; People v. Woods, 64 N.Y.2d 736, 737, 485 N.Y.S.2d 975, 475 N.E.2d 442; People v. Prochilo, 41 N.Y.2d 759, 761-762, 395 N.Y.S.2d 635, 363 N.E.2d 1380), the court "has never expressly......
-
People v. Campbell
...735, 653 N.E.2d 631), even if the traffic stop is made by a police unit not assigned to traffic duty (see, e.g., People v. Woods, 64 N.Y.2d 736, 485 N.Y.S.2d 975, 475 N.E.2d 442 [traffic stop for expired registration made by anti-crime unit] ). According to the facts as found by Supreme Cou......
-
People v. Hanson
...that the officer's conduct was necessary. People v. Woods, 104 A.D.2d 322, 479 N.Y.S.2d 147 (1st Dept.1984) affirmed 64 N.Y.2d 736, 485 N.Y.S.2d 975, 475 N.E.2d 442 (1984). See also People v. Garafolo, 44 A.D.2d 86, 353 N.Y.S.2d 500 (2d Dept.1974) People v. Manning, 51 A.D.2d 933, 381 N.Y.S......
-
Court of Appeals update, 2000 & 2001: conservative voting, narrow rulings.
...J., dissenting). (80) Id. (Levine, J., dissenting). (81) See generally People v. Spencer, 646 N.E.2d 785 (N.Y. 1995); People v. Woods, 475 N.E.2d 442 (N.Y. 1984); People v. Gonzalez, 465 N.E.2d 823 (N.Y. 1984); People v. Prochilo, 363 N.E.2d 1380 (N.Y. (82) Robinson, 97 N.Y.2d at 368. (83) ......