People v. Belliard

Appellate Division of the Supreme Court of New York

People v. Belliard

309 A.D.2d 618, 765 N.Y.S.2d 624, 2003 N.Y. App. Div. LEXIS 10868

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

DecidedOctober 21, 2003

StatusPublished

Cited by2 cases

This text of 309 A.D.2d 618 (People v. Belliard) 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. Belliard, 309 A.D.2d 618, 765 N.Y.S.2d 624, 2003 N.Y. App. Div. LEXIS 10868 (N.Y. Ct. App. 2003).

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Opinion

Judgment, Supreme Court, New York County (Arlene Silverman, J., at hearing; Herbert Adlerberg, J., at plea and sentence), rendered October 13, 1999, convicting defendant of criminal possession [619]*619of a controlled substance in the second degree, and sentencing him, as a second felony offender, to a term of 11 years to life, unanimously affirmed.

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]). The court properly concluded that the police had an objective credible reason (see People v De Bour, 40 NY2d 210, 223 [1976]) to approach defendant and ask him for information, because an unidentified man, who reacted nervously upon making eye contact with one of the detectives, had been carrying heavy-looking bags that defendant had handed to him after defendant had unloaded them from a car. As the detective began requesting information from defendant, he observed what he recognized as a narcotics package in plain view through the opening, caused by a broken zipper, in one of the duffel bags placed on the ground, an opening that the court was able to view and assess dining the suppression hearing. This provided probable cause for defendant’s arrest and led to the lawful recovery of additional drugs.

We have considered and rejected defendant’s remaining claims, including those contained in his pro se supplemental brief. Concur — Tom, J.P., Saxe, Rosenberger and Marlow, JJ.

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Judgment, Supreme Court, New York County (Arlene Silverman, J., at hearing; Herbert Adlerberg, J., at plea and sentence), rendered October 13, 1999, convicting defendant of criminal possession [619]*619of a controlled substance in the second degree, and sentencing him, as a second felony offender, to a term of 11 years to life, unanimously affirmed.

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]). The court properly concluded that the police had an objective credible reason (see People v De Bour, 40 NY2d 210, 223 [1976]) to approach defendant and ask him for information, because an unidentified man, who reacted nervously upon making eye contact with one of the detectives, had been carrying heavy-looking bags that defendant had handed to him after defendant had unloaded them from a car. As the detective began requesting information from defendant, he observed what he recognized as a narcotics package in plain view through the opening, caused by a broken zipper, in one of the duffel bags placed on the ground, an opening that the court was able to view and assess dining the suppression hearing. This provided probable cause for defendant’s arrest and led to the lawful recovery of additional drugs.

We have considered and rejected defendant’s remaining claims, including those contained in his pro se supplemental brief. Concur — Tom, J.P., Saxe, Rosenberger and Marlow, JJ.

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Bluebook (online)

309 A.D.2d 618, 765 N.Y.S.2d 624, 2003 N.Y. App. Div. LEXIS 10868, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-belliard-nyappdiv-2003.

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