Home/New York Court of Appeals/People v. Irizarry

People v. Irizarry

590 N.E.2d 234, 79 N.Y.2d 890, 581 N.Y.S.2d 649, 1992 N.Y. LEXIS 171
New York Court of Appeals·Decided February 20, 1992·Published·Cited by 20 cases

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

[892]*892The police officer’s observations of the defendant in this case provided him with an "objective credible reason” to approach the defendant and ask him questions about his destination and identity (see, People v Hollman, 79 NY2d 181 [decided today]; People v De Bour, 40 NY2d 210, 223). The police officer’s request to search the defendant’s bag was improper, however, because it was not based on a "founded suspicion that criminal activity [was] afoot” (People v Hollman, supra, at 191; People v De Bour, supra, at 223). Because the defendant’s consent was a product of the improper police inquiry, the trial court erred when it found that the defendant had consented to the search of his bag (see, People v Hollman, supra, at 194).

Chief Judge Wachtler and Judges Simons, Kaye, Titone, Hancock, Jr., and Bellacosa concur; Judge Alexander taking no part.

Order affirmed in a memorandum.

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

People v. Irizarry, 590 N.E.2d 234, 79 N.Y.2d 890, 581 N.Y.S.2d 649, 1992 N.Y. LEXIS 171 (N.Y. 1992).

590 N.E.2d 234 (People v. Irizarry) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Darby
2025 NY Slip Op 00107 (Appellate Division of the Supreme Court of New York, 2025)
People v. Newson
2017 NY Slip Op 7752 (Appellate Division of the Supreme Court of New York, 2017)
People v. Mercado
120 A.D.3d 441 (Appellate Division of the Supreme Court of New York, 2014)
People v. Oldacre
53 A.D.3d 675 (Appellate Division of the Supreme Court of New York, 2008)
People v. Ellis
190 Misc. 2d 98 (New York County Courts, 2001)
People v. Grady
272 A.D.2d 952 (Appellate Division of the Supreme Court of New York, 2000)
People v. Fields
257 A.D.2d 387 (Appellate Division of the Supreme Court of New York, 1999)
People v. Turriago
219 A.D.2d 383 (Appellate Division of the Supreme Court of New York, 1996)
People v. Owens
206 A.D.2d 303 (Appellate Division of the Supreme Court of New York, 1994)
People v. Battaglia
206 A.D.2d 916 (Appellate Division of the Supreme Court of New York, 1994)
People v. Banks
202 A.D.2d 902 (Appellate Division of the Supreme Court of New York, 1994)
People v. Carter
199 A.D.2d 817 (Appellate Division of the Supreme Court of New York, 1993)
People v. Boyd
188 A.D.2d 239 (Appellate Division of the Supreme Court of New York, 1993)
People v. Mc Gill
159 Misc. 2d 947 (New York Supreme Court, 1993)
People v. King
156 Misc. 2d 573 (New York Supreme Court, 1993)
People v. Bordeaux
182 A.D.2d 1095 (Appellate Division of the Supreme Court of New York, 1992)
People v. Hollman
79 N.Y.2d 181 (New York Court of Appeals, 1992)