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People v. Lawrence

232 A.D.2d 253, 648 N.Y.S.2d 907, 1996 N.Y. App. Div. LEXIS 10309
Procedural entryThis page is a short order in People v. Lawrence. Read the opinion of the Court — 227 A.D.2d 893 →
Appellate Division of the Supreme Court of the State of New York·Decided October 17, 1996·Published

Opinion

—Order, Supreme Court, New York County (Herbert Altman, J.), entered July 10, 1995, which granted defendant’s motion to suppress physical evidence and statements, and dismissed the indictment against defendant, unanimously affirmed.

According due deference to the hearing court’s findings of fact and credibility (People v Rivera, 121 AD2d 166, affd 68 NY2d 786), the circumstances surrounding the police approach to defendant did not give rise to a founded suspicion that criminality was afoot, rendering the police common-law inquiry unlawful (People v Hollman, 79 NY2d 181, 185). Thus, the hearing court properly suppressed physical evidence and statements as the tainted fruit of the unlawful police procedure (Wong Sun v United States, 371 US 471). Concur—Murphy, P. J., Rubin, Ross, Williams and Andrias, JJ.

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People v. Lawrence, 232 A.D.2d 253, 648 N.Y.S.2d 907, 1996 N.Y. App. Div. LEXIS 10309 (N.Y. Ct. App. 1996).

232 A.D.2d 253 (People v. Lawrence) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Wong Sun v. United States
371 U.S. 471 (Supreme Court, 1963)
People v. Rivera
498 N.E.2d 418 (New York Court of Appeals, 1986)
People v. Hollman
79 N.Y.2d 181 (New York Court of Appeals, 1992)
People v. Rivera
121 A.D.2d 166 (Appellate Division of the Supreme Court of New York, 1986)