People v. Lee

Appellate Division of the Supreme Court of New York

People v. Lee

63 A.D.2d 572, 404 N.Y.S.2d 614, 1978 N.Y. App. Div. LEXIS 11401

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

DecidedMay 4, 1978

StatusPublished

This text of 63 A.D.2d 572 (People v. Lee) 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. Lee, 63 A.D.2d 572, 404 N.Y.S.2d 614, 1978 N.Y. App. Div. LEXIS 11401 (N.Y. Ct. App. 1978).

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Opinion

Judgment, Supreme Court, New York County, rendered November 30, 1976, convicting defendant-appellant of criminal possession of a controlled substance, first degree (Penal Law, § 220.21), and fifth degree (Penal Law, § 220.09), unanimously modified, as a matter of discretion in the interest of justice, to vacate the latter portion of the judgment (fifth degree) and to dismiss that count of the indictment which specifies the same, and otherwise affirmed. There were two separate possessions of contraband charged in this case, the more serious addressed to the bag defendant was carrying, the lesser to what was found on his person. Though the latter was therefore not included in the former, the District Attorney concedes it should he dismissed, and that will be done. (Cf. People v Gaul, 63 AD2d 563.) Both arrest and search of defendant’s person were lawful. The car in which he was a passenger was properly halted by police because it answered the description of a stolen auto. Defendant then fled with the afore-mentioned paper bag and did not stop for investigation in response to police commands. Apprehended and arrested, search of his person proceeded. No other point worthy of discussion appears. Concur— Lupiano, J. P., Birns, Lane and Markewich, JJ.

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Judgment, Supreme Court, New York County, rendered November 30, 1976, convicting defendant-appellant of criminal possession of a controlled substance, first degree (Penal Law, § 220.21), and fifth degree (Penal Law, § 220.09), unanimously modified, as a matter of discretion in the interest of justice, to vacate the latter portion of the judgment (fifth degree) and to dismiss that count of the indictment which specifies the same, and otherwise affirmed. There were two separate possessions of contraband charged in this case, the more serious addressed to the bag defendant was carrying, the lesser to what was found on his person. Though the latter was therefore not included in the former, the District Attorney concedes it should he dismissed, and that will be done. (Cf. People v Gaul, 63 AD2d 563.) Both arrest and search of defendant’s person were lawful. The car in which he was a passenger was properly halted by police because it answered the description of a stolen auto. Defendant then fled with the afore-mentioned paper bag and did not stop for investigation in response to police commands. Apprehended and arrested, search of his person proceeded. No other point worthy of discussion appears. Concur— Lupiano, J. P., Birns, Lane and Markewich, JJ.

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Bluebook (online)

63 A.D.2d 572, 404 N.Y.S.2d 614, 1978 N.Y. App. Div. LEXIS 11401, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lee-nyappdiv-1978.

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