People v. Cedeno

Appellate Division of the Supreme Court of New York

People v. Cedeno

254 A.D.2d 104, 679 N.Y.S.2d 284, 1998 N.Y. App. Div. LEXIS 10662

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

DecidedOctober 13, 1998

StatusPublished

This text of 254 A.D.2d 104 (People v. Cedeno) 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. Cedeno, 254 A.D.2d 104, 679 N.Y.S.2d 284, 1998 N.Y. App. Div. LEXIS 10662 (N.Y. Ct. App. 1998).

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Opinion

—Judgment, Supreme Court, New York County (Jay Gold, J., at hearing; Ronald Zweibel, J., at jury trial and sentence), rendered October 25, 1994, convicting defendant of criminal possession of a controlled substance in the third degree and two counts of criminally using drug paraphernalia in the second degree, and sentencing him to concurrent terms of 1 to 3 years, 1 year, and 1 year, unanimously affirmed.

Defendant’s suppression motion was properly denied. The police had reasonable suspicion to detain defendant (see, People v Martinez, 80 NY2d 444). The chain of events permitted the inference that defendant had been involved in throwing rocks from the roof at the police, and justified the police detention of defendant as he attempted to flee into the apartment, whereupon the police saw contraband in open view. Concur — Milonas, J. P., Rosenberger, Wallach, Tom and Mazzarelli, JJ.

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—Judgment, Supreme Court, New York County (Jay Gold, J., at hearing; Ronald Zweibel, J., at jury trial and sentence), rendered October 25, 1994, convicting defendant of criminal possession of a controlled substance in the third degree and two counts of criminally using drug paraphernalia in the second degree, and sentencing him to concurrent terms of 1 to 3 years, 1 year, and 1 year, unanimously affirmed.

Defendant’s suppression motion was properly denied. The police had reasonable suspicion to detain defendant (see, People v Martinez, 80 NY2d 444). The chain of events permitted the inference that defendant had been involved in throwing rocks from the roof at the police, and justified the police detention of defendant as he attempted to flee into the apartment, whereupon the police saw contraband in open view. Concur — Milonas, J. P., Rosenberger, Wallach, Tom and Mazzarelli, JJ.

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Bluebook (online)

254 A.D.2d 104, 679 N.Y.S.2d 284, 1998 N.Y. App. Div. LEXIS 10662, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cedeno-nyappdiv-1998.

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