People v. Johnson

Appellate Division of the Supreme Court of New York

People v. Johnson

223 A.D.2d 402, 636 N.Y.S.2d 332, 1996 N.Y. App. Div. LEXIS 276

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

DecidedJanuary 16, 1996

StatusPublished

This text of 223 A.D.2d 402 (People v. Johnson) 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. Johnson, 223 A.D.2d 402, 636 N.Y.S.2d 332, 1996 N.Y. App. Div. LEXIS 276 (N.Y. Ct. App. 1996).

Pincite

Opinion

Judgment, Supreme Court, New York County (Marcy Kahn, J.), rendered June 23, 1994, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2½ to 5 years, unanimously affirmed.

The hearing testimony of the two police officers that they responded within a matter of seconds to a series of broadcasts describing the suspect as an African-American male, 50 years old, weighing 225 pounds, wearing glasses and a baseball cap, possessing a gun, and threatening a bartender, observed defendant matching the description and saw an open bag at his feet containing glassine envelopes was not incredible as a matter of law (see, People v Garafolo, 44 AD2d 86, 88), and provided probable cause for defendant’s arrest (see, People v Perdomo, 210 AD2d 96, lv dismissed 85 NY2d 912). Nor is there merit to defendant’s claim that he was entitled to disclosure of the informant’s name at the suppression hearing (see, People v Darden, 34 NY2d 177, 181-182). Concur—Sullivan, J. P., Rosenberger, Wallach, Ross and Williams, JJ.

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

Judgment, Supreme Court, New York County (Marcy Kahn, J.), rendered June 23, 1994, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2½ to 5 years, unanimously affirmed.

The hearing testimony of the two police officers that they responded within a matter of seconds to a series of broadcasts describing the suspect as an African-American male, 50 years old, weighing 225 pounds, wearing glasses and a baseball cap, possessing a gun, and threatening a bartender, observed defendant matching the description and saw an open bag at his feet containing glassine envelopes was not incredible as a matter of law (see, People v Garafolo, 44 AD2d 86, 88), and provided probable cause for defendant’s arrest (see, People v Perdomo, 210 AD2d 96, lv dismissed 85 NY2d 912). Nor is there merit to defendant’s claim that he was entitled to disclosure of the informant’s name at the suppression hearing (see, People v Darden, 34 NY2d 177, 181-182). Concur—Sullivan, J. P., Rosenberger, Wallach, Ross and Williams, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

223 A.D.2d 402, 636 N.Y.S.2d 332, 1996 N.Y. App. Div. LEXIS 276, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-johnson-nyappdiv-1996.

Opinion

Related

Cite This Page — Counsel Stack