People v. Kellman

Appellate Division of the Supreme Court of New York

People v. Kellman

205 A.D.2d 477, 614 N.Y.S.2d 12, 1994 N.Y. App. Div. LEXIS 7052

Appellate Division of the Supreme Court of the State of New York·Decided June 30, 1994·Published

Opinion

Judgment, Supreme Court, New York County (Ira Beal, J.), rendered October 27, 1992, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

The arresting officer’s testimony that defendant appeared to be tampering with a public telephone and made a quick hand movement to his open shoulder bag in response to another officer’s announcement of his identity and inquiry as to defendant’s activity was not incredible as a matter of law, and, in the context of a rapidly unfolding street encounter, justified the officer’s belief that he and his partner were in imminent danger (see, People v Benjamin, 51 NY2d 267, 270-271). Accordingly, the officer properly grabbed defendant’s hand and seized defendant’s gun. Concur—Rosenberger, J. P., Wallach, Kupferman, Ross and Nardelli, JJ.

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Judgment, Supreme Court, New York County (Ira Beal, J.), rendered October 27, 1992, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

The arresting officer’s testimony that defendant appeared to be tampering with a public telephone and made a quick hand movement to his open shoulder bag in response to another officer’s announcement of his identity and inquiry as to defendant’s activity was not incredible as a matter of law, and, in the context of a rapidly unfolding street encounter, justified the officer’s belief that he and his partner were in imminent danger (see, People v Benjamin, 51 NY2d 267, 270-271). Accordingly, the officer properly grabbed defendant’s hand and seized defendant’s gun. Concur—Rosenberger, J. P., Wallach, Kupferman, Ross and Nardelli, JJ.

People v. Kellman, 205 A.D.2d 477, 614 N.Y.S.2d 12, 1994 N.Y. App. Div. LEXIS 7052 (N.Y. Ct. App. 1994).

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Opinion

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