People v. Ayala

Appellate Division of the Supreme Court of New York

People v. Ayala

265 A.D.2d 155, 696 N.Y.S.2d 131, 1999 N.Y. App. Div. LEXIS 9710

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 5, 1999

StatusPublished

Cited by4 cases

This text of 265 A.D.2d 155 (People v. Ayala) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Ayala, 265 A.D.2d 155, 696 N.Y.S.2d 131, 1999 N.Y. App. Div. LEXIS 9710 (N.Y. Ct. App. 1999).

Pincite

Opinion

—Judgment, Supreme Court, Bronx County (John Perone, J., at suppression hearing; Dennis Boyle, J., at plea and sentence), rendered March 27, 1997, convicting defendant of criminal possession of a weapon, and sentencing him, as a second felony offender, to a term of 2V2 to 5 years, unanimously affirmed.

The police had reasonable suspicion justifying a frisk of defendant, or, at least, the officer’s minimally intrusive act of grabbing the outside of defendant’s pants pocket, which showed a bulge. We reach this conclusion based upon the officers’ rapid response to an anonymous call of shots fired from a described vehicle; their observation, moments later, of defendant in a car that substantially matched the description of the vehicle in the radio run and that was at the precise location described therein; the lack of any other cars in the vicinity that matched the radio run description or of other people in the area; and the early morning hour (see, People v Stewart, 41 NY2d 65; People v Reyes, 234 AD2d 63, affd 90 NY2d 916). Once the officer felt a hard object which he feared was a gun, it was proper for him to search the pocket (see, People v Thomas, 176 AD2d 539, 540, lv denied 79 NY2d 833). Accordingly, the suppression motion was properly denied. Concur — Sullivan, J. P., Williams, Wallach, Lerner and Friedman, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Judgment, Supreme Court, Bronx County (John Perone, J., at suppression hearing; Dennis Boyle, J., at plea and sentence), rendered March 27, 1997, convicting defendant of criminal possession of a weapon, and sentencing him, as a second felony offender, to a term of 2V2 to 5 years, unanimously affirmed.

The police had reasonable suspicion justifying a frisk of defendant, or, at least, the officer’s minimally intrusive act of grabbing the outside of defendant’s pants pocket, which showed a bulge. We reach this conclusion based upon the officers’ rapid response to an anonymous call of shots fired from a described vehicle; their observation, moments later, of defendant in a car that substantially matched the description of the vehicle in the radio run and that was at the precise location described therein; the lack of any other cars in the vicinity that matched the radio run description or of other people in the area; and the early morning hour (see, People v Stewart, 41 NY2d 65; People v Reyes, 234 AD2d 63, affd 90 NY2d 916). Once the officer felt a hard object which he feared was a gun, it was proper for him to search the pocket (see, People v Thomas, 176 AD2d 539, 540, lv denied 79 NY2d 833). Accordingly, the suppression motion was properly denied. Concur — Sullivan, J. P., Williams, Wallach, Lerner and Friedman, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

265 A.D.2d 155, 696 N.Y.S.2d 131, 1999 N.Y. App. Div. LEXIS 9710, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ayala-nyappdiv-1999.

Opinion

Related

Cite This Page — Counsel Stack