People v. Burgos

Appellate Division of the Supreme Court of New York

People v. Burgos

129 A.D.2d 804, 514 N.Y.S.2d 796, 1987 N.Y. App. Div. LEXIS 45496

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

DecidedApril 27, 1987

StatusPublished

This text of 129 A.D.2d 804 (People v. Burgos) 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. Burgos, 129 A.D.2d 804, 514 N.Y.S.2d 796, 1987 N.Y. App. Div. LEXIS 45496 (N.Y. Ct. App. 1987).

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Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Alfano, J.), rendered April 10, 1984, convicting him of assault in the first degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress physical evidence.

Ordered that the judgment is affirmed.

In this case, in which a named citizen informed the police that he had just witnessed the defendant assault the complainant with a knife, there was a sufficient predicate for police action (see, People v Tidwell, 122 AD2d 289; People v Marin, 91 AD2d 616). Thus, contrary to the defendant’s contention, the knife he sought to suppress was properly seized incidental to his lawful arrest.

The defendant’s remaining contentions are without merit. Brown, J. P., NiehofF, Sullivan and Harwood, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Kings County (Alfano, J.), rendered April 10, 1984, convicting him of assault in the first degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress physical evidence.

Ordered that the judgment is affirmed.

In this case, in which a named citizen informed the police that he had just witnessed the defendant assault the complainant with a knife, there was a sufficient predicate for police action (see, People v Tidwell, 122 AD2d 289; People v Marin, 91 AD2d 616). Thus, contrary to the defendant’s contention, the knife he sought to suppress was properly seized incidental to his lawful arrest.

The defendant’s remaining contentions are without merit. Brown, J. P., NiehofF, Sullivan and Harwood, JJ., concur.

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Bluebook (online)

129 A.D.2d 804, 514 N.Y.S.2d 796, 1987 N.Y. App. Div. LEXIS 45496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-burgos-nyappdiv-1987.

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