People v. Brown

Appellate Division of the Supreme Court of New York

People v. Brown

51 A.D.2d 749, 379 N.Y.S.2d 460, 1976 N.Y. App. Div. LEXIS 11284

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

DecidedFebruary 9, 1976

StatusPublished

This text of 51 A.D.2d 749 (People v. Brown) 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. Brown, 51 A.D.2d 749, 379 N.Y.S.2d 460, 1976 N.Y. App. Div. LEXIS 11284 (N.Y. Ct. App. 1976).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered March 16, 1973, convicting him of attempted criminal possession of a dangerous weapon, etc., as a felony, upon his plea of guilty. The appeal also brings up for review the denial of defendant’s motion [750]*750to suppress certain physical evidence. Judgment affirmed. Under the facts of this case, it appears that a reasonably prudent man would have been warranted in the belief that his safety, or that of others, was in danger (see Terry v Ohio, 392 US 1, 27). The police officer’s "seizure” of defendant was therefore reasonable (cf. People v Cantor, 36 NY2d 106). Hopkins, Acting P. J., Martuscello, Latham, Rabin and Titone, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered March 16, 1973, convicting him of attempted criminal possession of a dangerous weapon, etc., as a felony, upon his plea of guilty. The appeal also brings up for review the denial of defendant’s motion [750]*750to suppress certain physical evidence. Judgment affirmed. Under the facts of this case, it appears that a reasonably prudent man would have been warranted in the belief that his safety, or that of others, was in danger (see Terry v Ohio, 392 US 1, 27). The police officer’s "seizure” of defendant was therefore reasonable (cf. People v Cantor, 36 NY2d 106). Hopkins, Acting P. J., Martuscello, Latham, Rabin and Titone, JJ., concur.

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Bluebook (online)

51 A.D.2d 749, 379 N.Y.S.2d 460, 1976 N.Y. App. Div. LEXIS 11284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-brown-nyappdiv-1976.

Opinion

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