People v. Doe

Appellate Division of the Supreme Court of New York

People v. Doe

273 A.D.2d 145, 711 N.Y.S.2d 1, 2000 N.Y. App. Div. LEXIS 7147

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

DecidedJune 22, 2000

StatusPublished

This text of 273 A.D.2d 145 (People v. Doe) 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. Doe, 273 A.D.2d 145, 711 N.Y.S.2d 1, 2000 N.Y. App. Div. LEXIS 7147 (N.Y. Ct. App. 2000).

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Opinion

Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered April 14, 1998, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third and fifth degrees, and sentencing him, as a second felony offender, to concurrent terms of 4V2 to 9 years and 2 to 4 years, respectively, unanimously affirmed.

Defendant’s suppression motion was properly denied. The experienced narcotics officer’s observation of defendant exchanging for money a small unknown object that he removed from a pack on his waist, coupled with defendant’s immediate flight through a hole into an abandoned building when the officer shouted “police,” provided probable cause for defendant’s arrest (see, People v Jones, 90 NY2d 835). Immediately following defendant’s arrest and removal from the building, the officer properly conducted a warrantless search of the pack, particularly since the situation was volatile in that defendant [146]*146had been subdued after a struggle (see, People v De Santis, 46 NY2d 82, cert denied 443 US 912; People v Wylie, 244 AD2d 247, lv denied 91 NY2d 946). Concur — Williams, J. P., Tom, Lerner, Andrias and Friedman, JJ.

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Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered April 14, 1998, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third and fifth degrees, and sentencing him, as a second felony offender, to concurrent terms of 4V2 to 9 years and 2 to 4 years, respectively, unanimously affirmed.

Defendant’s suppression motion was properly denied. The experienced narcotics officer’s observation of defendant exchanging for money a small unknown object that he removed from a pack on his waist, coupled with defendant’s immediate flight through a hole into an abandoned building when the officer shouted “police,” provided probable cause for defendant’s arrest (see, People v Jones, 90 NY2d 835). Immediately following defendant’s arrest and removal from the building, the officer properly conducted a warrantless search of the pack, particularly since the situation was volatile in that defendant [146]*146had been subdued after a struggle (see, People v De Santis, 46 NY2d 82, cert denied 443 US 912; People v Wylie, 244 AD2d 247, lv denied 91 NY2d 946). Concur — Williams, J. P., Tom, Lerner, Andrias and Friedman, JJ.

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Bluebook (online)

273 A.D.2d 145, 711 N.Y.S.2d 1, 2000 N.Y. App. Div. LEXIS 7147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-doe-nyappdiv-2000.

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