People v. Bowens

129 A.D.2d 297, 517 N.Y.S.2d 970, 1987 N.Y. App. Div. LEXIS 44907
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJuly 2, 1987
StatusPublished
Cited by6 cases

This text of 129 A.D.2d 297 (People v. Bowens) 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. Bowens, 129 A.D.2d 297, 517 N.Y.S.2d 970, 1987 N.Y. App. Div. LEXIS 44907 (N.Y. Ct. App. 1987).

Opinion

OPINION OF THE COURT

Ross, J.

In this multiple defendant case, the District Attorney of New York County appeals from a Criminal Term order, which granted the motions of defendants Ms. Pamela Bowens (Ms. Bowens) and Messrs. Eric Bowens (Mr. Bowens), Pedro Gomez (Mr. Gomez), and Carl Henderson (Mr. Henderson) to suppress postarrest statements; and, the motion of defendant Ms. Bow-ens to suppress certain items of physical evidence seized from her car, primarily on the grounds that there allegedly was an inordinate period of delay between arrest and arraignment, and further that the police lacked probable cause to forcibly detain defendant Ms. Bowens.

During the early morning hours of November 15, 1984, [299]*299defendants Ms. Bowens, and Messrs. Bowens, Gomez, and Henderson, were arrested in New York County. By a seven-count indictment, filed December 19, 1984, a New York County Grand Jury charged these defendants with the crimes of kidnapping in the second degree (Penal Law § 135.20), two counts of robbery in the first degree (Penal Law § 160.15 [4]), robbery in the second degree (Penal Law § 160.10 [1]), coercion in the first degree (Penal Law § 135.65 [1]), grand larceny in the third degree (Penal Law § 155.30 [5]), and, sexual abuse in the first degree (Penal Law § 130.65 [1]).

Following that indictment, Criminal Term directed a hearing on the motions of all of the defendants to suppress their postarrest statements, and on the motion of defendant Ms. Bowens to suppress physical evidence. This hearing took eight days, and the People, as well as the defendants, presented evidence.

Shortly after midnight, on November 15, 1984, New York City Police Officers Jonas Frankel (Officer Frankel) and Jane Perlov (Officer Perlov), who were assigned to the 30th Police Precinct, were on duty, in uniform, and patrolling in a marked police car, in the vicinity of Amsterdam Avenue and 140th Street, in New York County.

At approximately 12:15 a.m., these officers heard a communication over their car radio, which stated, in substance, that a woman from her apartment located at 790 Riverside Drive, in New York County, had reported that she had been kidnapped and robbed five minutes earlier by three black males in their twenties, and that one of the males was allegedly wearing a blue down jacket; furthermore, the complainant claimed that these males were armed with guns and knives; moreover, the complainant asserted the males had fled with a female friend of the complainant, who was also an alleged victim, in a maroon 1984 Honda Accord; and, finally, the complainant believed that her alleged assailants were headed westbound on 157th Street between Broadway and Riverside Drive.

In response to this radio transmission, and based upon their familiarity with the neighborhood, the officers, according to the testimony of Officer Perlov, "took our car to where a car heading down Riverside Drive would have to wind up which is 135th and Broadway”. When they arrived at that location, the officers positioned their car, with its headlights on, at 135th Street and Broadway, in the area of the island, which separates the northbound and southbound roadways of Broadway.

[300]*300The lighting conditions were excellent in the area where the officers were waiting, illumination being provided by street lamps and a nearby large building complex.

Thereafter, at approximately 12:20 a.m., which was about five minutes subsequent to receiving the radio transmission, these officers observed a late model maroon Honda moving eastbound toward them from Riverside Drive. As soon as this Honda reached the intersection of Broadway and 135th Street, it crossed in front of the officers’ vehicle and turned south on Broadway. When the Honda made this turn, the officers saw what appeared to be four young black males seated inside that car, and one of them was wearing a blue down jacket.

Immediately, the officers informed Police Central Communications (Central) that they had just seen what may have been the suspect vehicle, and Central advised them to proceed with caution, in view of the report, as mentioned supra, that the occupants of the Honda were believed to be armed with guns and knives. Thereupon, the officers requested assistance, turned on their car’s siren and roof lights, followed the Honda, and brought it to a halt "at 129th Street and Broadway”.

After the Honda stopped, both officers exited their vehicle, and approached the Honda, with their guns drawn, but held to their sides.

Since she believed the Honda’s occupants to be armed, Officer Perlov testified that "for the safety of myself and my partner [Officer Frankel]”, she directed "the occupants in the rear to put their hands on the seat and the occupants in the front to put their hands up on the dashboard”. While these occupants complied with Officer Perlov’s command, Officer Frankel talked to the driver of the vehicle.

In pertinent part, Officer Frankel testified: "First I thought there were four males in the car, and when I bent down to look in I saw there was a female [who was later identified as defendant Ms. Bowens] driving * * * I asked the female * * * 'Are you all right?’ And she said yes * * * [Then] I asked if this was her car and could I have the license and registration for it”. Furthermore, Officer Frankel, a veteran of more than 15 years with the police department, explained in his testimony the reason he requested the license and registration was "To be honest, I was quite dumbfounded when she said she was fine. Based on all the information up to this point, I really expected her to say, 'Thank God, you just rescued me.’ When [301]*301she said, T am fine,’ it sort of set me back a little bit. So I said [to myself], let me stall for time; maybe she’s afraid, that she’s been intimidated; and I said, let me stall for time for her to realize * * * at this point there were lots of police. Again she didn’t seem worried or excited, just handed me her license and registration.” As mentioned supra Officers Frankel and Perlov had requested assistance, and a dozen additional police officers were on the scene, including an officer named Russell Litwenack (Officer Litwenack).

After defendant Ms. Bowens had handed over her license and registration to Officer Frankel, the police ordered defendant Ms. Bowens, and defendants Messrs. Bowens, Gomez and Henderson out of the vehicle to be frisked, since, as mentioned supra, the radio transmission had indicated the occupants of the Honda were believed to be armed.

Upon exiting the Honda, the four defendants were frisked by the police to determine if they were carrying weapons. Defendant Mr. Bowens, who was Ms. Bowens’ brother, was wearing a blue down jacket. When Officer Litwenack announced aloud that, during his pat down search of defendant Mr. Henderson, he found a pair of chrome handcuffs and a set of keys to them, Officer Frankel directed Officer Perlov, the only female officer present, to search defendant Ms. Bowens.

Prior to conducting a pat down search of defendant Ms. Bowens, Officer Perlov testified, in pertinent part, that Officer Frankel "let me know that from what he ascertained she [defendant Ms. Bowens] was not a victim of a crime.” Subsequent to the pat down of defendant Ms. Bowens, Officer Perlov entered the Honda, and found, on its rear floor, a wooden handled butcher knife. The defendants were all handcuffed and driven by the police to the 30th Precinct for further investigation.

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Bluebook (online)
129 A.D.2d 297, 517 N.Y.S.2d 970, 1987 N.Y. App. Div. LEXIS 44907, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bowens-nyappdiv-1987.