People v. Bowden

87 A.D.3d 402, 928 N.Y.2d 12
CourtAppellate Division of the Supreme Court of the State of New York
DecidedAugust 4, 2011
StatusPublished
Cited by9 cases

This text of 87 A.D.3d 402 (People v. Bowden) 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. Bowden, 87 A.D.3d 402, 928 N.Y.2d 12 (N.Y. Ct. App. 2011).

Opinions

The hearing court erred in suppressing the physical evidence and defendant’s statements. Based upon the testimony of the sole witness, Sergeant Robert Barnett, whose testimony the hearing court properly credited in its entirety, every aspect of the police conduct was properly justified by their observations and the information in their possession.

After taking into custody a man who was wanted in connection with a shooting incident, and receiving from that man insufficient identification and conflicting information both as to his name, which he initially gave as Jason Lawyer, and as to his address, the police determined that on a previous occasion they had arrested a man by the name of Joshua Lawyer with an address of 328 East 197th Street, apartment 4C. In order to confirm the arrested individual’s identifying information, Sergeant Barnett and three other police officers went to apartment 4C at 328 East 197th Street in Manhattan, on June 28, 2008, at 2:30 a.m. When the police knocked at the apartment door, a female voice asked who was there, and the Sergeant said “It’s the police. Can I have a word with you?” When Sergeant Barnett heard scuffling noises followed by the sound of a window being opened, he sent two of the officers up to the roof of the building. Those two officers reported afterward to the Sergeant that once on the roof, they observed a figure emerge from a fourth-floor window and ascend the building’s fire escape to the roof, with an object in hand. Once the individual arrived [403]*403on the roof, one of the officers announced “Police. Don’t move.”

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

Related

People v. Collins
2021 NY Slip Op 06552 (Appellate Division of the Supreme Court of New York, 2021)
People v. Dunbar
2020 NY Slip Op 2581 (Appellate Division of the Supreme Court of New York, 2020)
People v. Alvarado
126 A.D.3d 803 (Appellate Division of the Supreme Court of New York, 2015)
People v. Diaz
107 A.D.3d 401 (Appellate Division of the Supreme Court of New York, 2013)
Jackson v. City of New York
939 F. Supp. 2d 235 (E.D. New York, 2013)
People v. Jimenez
98 A.D.3d 886 (Appellate Division of the Supreme Court of New York, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
87 A.D.3d 402, 928 N.Y.2d 12, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bowden-nyappdiv-2011.