People v. Breazil

Appellate Division of the Supreme Court of New York

People v. Breazil

269 A.D.2d 537, 703 N.Y.S.2d 264, 2000 N.Y. App. Div. LEXIS 1902

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

DecidedFebruary 22, 2000

StatusPublished

Cited by4 cases

This text of 269 A.D.2d 537 (People v. Breazil) 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. Breazil, 269 A.D.2d 537, 703 N.Y.S.2d 264, 2000 N.Y. App. Div. LEXIS 1902 (N.Y. Ct. App. 2000).

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Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered November 25, 1996, convicting him of murder in the second degree, attempted murder in the second degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Gary, J.), of those branches of the defendant’s omnibus motion which were to suppress identification testimony and physical evidence.

Ordered that the judgment is affirmed.

The police had a reasonable suspicion to stop and frisk the defendant. A police radio transmission received in the early [538]*538morning hours reported a robbery in progress at a stated corner and described the robbers as six black males, one or more of whom were on bicycles. One of these robbers was described as being armed and wearing all-white clothing. Within seconds of hearing the transmission, a police officer arrived at that corner and observed the defendant, who was dressed in all-white clothing and riding a bicycle. The officer was justified in stopping the defendant, as he fit the description of one of the robbers and was in close spatial and temporal proximity to the crime scene at a time when the streets were not busy (see, People v Sharpe, 259 AD2d 639; People v Schollin, 255 AD2d 465). The pat-down of the defendant for weapons, conducted upon the stop, was justified to ensure the officer’s safety since the radio transmission reported that the man dressed in white was armed, it was late at night, and the officer planned to put the defendant inside the patrol car (see, People v Salaman, 71 NY2d 869; People v Sledge, 225 AD2d 711).

The defendant’s remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review or without merit. Bracken, J. P., Thompson, Goldstein and McGinity, JJ., concur.

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—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered November 25, 1996, convicting him of murder in the second degree, attempted murder in the second degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Gary, J.), of those branches of the defendant’s omnibus motion which were to suppress identification testimony and physical evidence.

Ordered that the judgment is affirmed.

The police had a reasonable suspicion to stop and frisk the defendant. A police radio transmission received in the early [538]*538morning hours reported a robbery in progress at a stated corner and described the robbers as six black males, one or more of whom were on bicycles. One of these robbers was described as being armed and wearing all-white clothing. Within seconds of hearing the transmission, a police officer arrived at that corner and observed the defendant, who was dressed in all-white clothing and riding a bicycle. The officer was justified in stopping the defendant, as he fit the description of one of the robbers and was in close spatial and temporal proximity to the crime scene at a time when the streets were not busy (see, People v Sharpe, 259 AD2d 639; People v Schollin, 255 AD2d 465). The pat-down of the defendant for weapons, conducted upon the stop, was justified to ensure the officer’s safety since the radio transmission reported that the man dressed in white was armed, it was late at night, and the officer planned to put the defendant inside the patrol car (see, People v Salaman, 71 NY2d 869; People v Sledge, 225 AD2d 711).

The defendant’s remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review or without merit. Bracken, J. P., Thompson, Goldstein and McGinity, JJ., concur.

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Bluebook (online)

269 A.D.2d 537, 703 N.Y.S.2d 264, 2000 N.Y. App. Div. LEXIS 1902, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-breazil-nyappdiv-2000.

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