People v. Braxton

Appellate Division of the Supreme Court of New York

People v. Braxton

250 A.D.2d 533, 671 N.Y.S.2d 979, 1998 N.Y. App. Div. LEXIS 5953

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

DecidedMay 26, 1998

StatusPublished

Cited by2 cases

This text of 250 A.D.2d 533 (People v. Braxton) 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. Braxton, 250 A.D.2d 533, 671 N.Y.S.2d 979, 1998 N.Y. App. Div. LEXIS 5953 (N.Y. Ct. App. 1998).

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Opinion

—Judgment, Supreme Court, New York County (Herbert Altman, J., at suppression hearing; Charles Tejada, J., at jury trial and sentencing), rendered June 12, 1995, convicting defendant of attempted robbery in the first degree, and sentencing him, as a second violent felony offender, to a term of 4V2 to 9 years, unanimously affirmed.

Defendant’s suppression motion was properly denied. The motion court properly concluded that the officers had reasonable suspicion to detain defendant for a showup identification, since defendant matched the sex, race and height contained in a radioed description of a robbery suspect, and was wearing a very distinctive jacket that matched the one mentioned in the radio broadcast (People v Carr, 220 AD2d 317, lv denied 87 NY2d 971). The distance between the crime scene and defendant’s detention did not negate reasonable suspicion, since the perpetrator easily could have traveled that distance within minutes by automobile and defendant was in fact leaving a livery cab when he was detained by the officers. Concur — Milonas, J. P., Nardelli, Mazzarelli and Andrias, JJ.

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—Judgment, Supreme Court, New York County (Herbert Altman, J., at suppression hearing; Charles Tejada, J., at jury trial and sentencing), rendered June 12, 1995, convicting defendant of attempted robbery in the first degree, and sentencing him, as a second violent felony offender, to a term of 4V2 to 9 years, unanimously affirmed.

Defendant’s suppression motion was properly denied. The motion court properly concluded that the officers had reasonable suspicion to detain defendant for a showup identification, since defendant matched the sex, race and height contained in a radioed description of a robbery suspect, and was wearing a very distinctive jacket that matched the one mentioned in the radio broadcast (People v Carr, 220 AD2d 317, lv denied 87 NY2d 971). The distance between the crime scene and defendant’s detention did not negate reasonable suspicion, since the perpetrator easily could have traveled that distance within minutes by automobile and defendant was in fact leaving a livery cab when he was detained by the officers. Concur — Milonas, J. P., Nardelli, Mazzarelli and Andrias, JJ.

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Bluebook (online)

250 A.D.2d 533, 671 N.Y.S.2d 979, 1998 N.Y. App. Div. LEXIS 5953, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-braxton-nyappdiv-1998.

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