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People v. Irizarry

590 N.E.2d 234, 79 N.Y.2d 890, 581 N.Y.S.2d 649, 1992 N.Y. LEXIS 171
CourtNew York Court of Appeals
DecidedFebruary 20, 1992
StatusPublished
Cited by20 cases

This text of 590 N.E.2d 234 (People v. Irizarry) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
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).

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.

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Bluebook (online)
590 N.E.2d 234, 79 N.Y.2d 890, 581 N.Y.S.2d 649, 1992 N.Y. LEXIS 171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-irizarry-ny-1992.