People v. Chandler

Appellate Division of the Supreme Court of New York

People v. Chandler

136 A.D.3d 586, 25 N.Y.S.3d 594

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

DecidedFebruary 25, 2016

Docket308 1180/13

StatusPublished

This text of 136 A.D.3d 586 (People v. Chandler) 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. Chandler, 136 A.D.3d 586, 25 N.Y.S.3d 594 (N.Y. Ct. App. 2016).

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Opinion

Judgment, Supreme Court, New York County (Ronald A. Zweibel, J., at suppression hearing; Thomas Farber, J., at plea and sentencing), rendered September 11, 2013, as amended September 18, 2013, convicting defendant of criminal possession of stolen property in the fourth degree and possession of *587 burglar’s tools, and sentencing him, as a second felony offender, to an aggregate term of two to four years, unanimously affirmed.

The court properly denied defendant’s suppression motion. There is no basis for disturbing the court’s credibility determinations, which are supported by the record (see People v Prochilo, 41 NY2d 759, 761 [1977]). During a valid common-law inquiry, defendant voluntarily consented to the officers’ search of a bag (see generally People v Gonzalez, 39 NY2d 122, 128-131 [1976]). Regardless of whether the officers directed defendant to put his bag on the hood of a police car, such a direction would not have elevated the encounter to a seizure under the totality of circumstances (see People v Cabrera, 135 AD3d 412 [1st Dept 2016]). Moreover, the hearing evidence also supports a finding that the police had reasonable suspicion at this point in the encounter.

Concur — Mazzarelli, J.P., Renwick, Manzanet-Daniels and Kapnick, JJ.

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Judgment, Supreme Court, New York County (Ronald A. Zweibel, J., at suppression hearing; Thomas Farber, J., at plea and sentencing), rendered September 11, 2013, as amended September 18, 2013, convicting defendant of criminal possession of stolen property in the fourth degree and possession of *587 burglar’s tools, and sentencing him, as a second felony offender, to an aggregate term of two to four years, unanimously affirmed.

The court properly denied defendant’s suppression motion. There is no basis for disturbing the court’s credibility determinations, which are supported by the record (see People v Prochilo, 41 NY2d 759, 761 [1977]). During a valid common-law inquiry, defendant voluntarily consented to the officers’ search of a bag (see generally People v Gonzalez, 39 NY2d 122, 128-131 [1976]). Regardless of whether the officers directed defendant to put his bag on the hood of a police car, such a direction would not have elevated the encounter to a seizure under the totality of circumstances (see People v Cabrera, 135 AD3d 412 [1st Dept 2016]). Moreover, the hearing evidence also supports a finding that the police had reasonable suspicion at this point in the encounter.

Concur — Mazzarelli, J.P., Renwick, Manzanet-Daniels and Kapnick, JJ.

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Bluebook (online)

136 A.D.3d 586, 25 N.Y.S.3d 594, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-chandler-nyappdiv-2016.

Opinion

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