People v. Herring

Appellate Division of the Supreme Court of New York

People v. Herring

273 A.D.2d 82, 709 N.Y.S.2d 68, 2000 N.Y. App. Div. LEXIS 6583

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

DecidedJune 13, 2000

StatusPublished

Cited by1 cases

This text of 273 A.D.2d 82 (People v. Herring) 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. Herring, 273 A.D.2d 82, 709 N.Y.S.2d 68, 2000 N.Y. App. Div. LEXIS 6583 (N.Y. Ct. App. 2000).

Pincite

Opinion

Judgment, Supreme Court, New York County (Edwin Torres, J.), rendered July 28, 1999, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him, as a second felony offender, to a term of 10 years to life, unanimously affirmed.

Defendant’s suppression motion was properly denied. There is no basis upon which to disturb the court’s credibility determinations, which are supported by the record. The record supports the court’s finding that the police stop of defendant’s vehicle was based on traffic infractions and was not pretextual. Defendant’s flight from the marked police van, resulting in a chase, followed by his act of reaching into his waistband, gave the police a reasonable belief that he was reaching for a weapon (see, People v Benjamin, 51 NY2d 267). Therefore, the officer appropriately touched the area where defendant had been reaching, and when the officer felt a “very hard object” in defendant’s pants, the officer was entitled to remove it (see, People v Woods, 64 NY2d 736). Concur — Rosenberger, J. P., Nardelli, Ellerin, Andrias and Saxe, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme Court, New York County (Edwin Torres, J.), rendered July 28, 1999, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him, as a second felony offender, to a term of 10 years to life, unanimously affirmed.

Defendant’s suppression motion was properly denied. There is no basis upon which to disturb the court’s credibility determinations, which are supported by the record. The record supports the court’s finding that the police stop of defendant’s vehicle was based on traffic infractions and was not pretextual. Defendant’s flight from the marked police van, resulting in a chase, followed by his act of reaching into his waistband, gave the police a reasonable belief that he was reaching for a weapon (see, People v Benjamin, 51 NY2d 267). Therefore, the officer appropriately touched the area where defendant had been reaching, and when the officer felt a “very hard object” in defendant’s pants, the officer was entitled to remove it (see, People v Woods, 64 NY2d 736). Concur — Rosenberger, J. P., Nardelli, Ellerin, Andrias and Saxe, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

273 A.D.2d 82, 709 N.Y.S.2d 68, 2000 N.Y. App. Div. LEXIS 6583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-herring-nyappdiv-2000.

Opinion

Related

Cite This Page — Counsel Stack