People v. Lindsay

Appellate Division of the Supreme Court of New York

People v. Lindsay

191 A.D.2d 990, 595 N.Y.S.2d 161, 1993 N.Y. App. Div. LEXIS 2944

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

DecidedMarch 12, 1993

StatusPublished

This text of 191 A.D.2d 990 (People v. Lindsay) 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. Lindsay, 191 A.D.2d 990, 595 N.Y.S.2d 161, 1993 N.Y. App. Div. LEXIS 2944 (N.Y. Ct. App. 1993).

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Opinion

—Judgment unanimously reversed on the law, motion granted and new [991]*991trial granted. Memorandum: The record of the suppression hearing does not support the suppression court’s factual finding that the police observed defendant hand a brown bag and white bundle to his brother. The hearing transcript reveals only that the officer observed defendant and his brother walking across the street. Absent evidence that the officer observed defendant exchange items appearing to contain drugs or that defendant was in possession of drugs, the proof failed to establish probable cause for defendant’s arrest (see, People v Martin, 32 NY2d 123; People v Jackson, 119 AD2d 694). Thus, we grant defendant’s motion to suppress the physical evidence (cash) seized from defendant following his arrest. (Appeal from Judgment of Monroe County Court, Marks, J. — Criminal Possession Controlled Substance, 3rd Degree.) Present — Callahan, J. P., Green, Balio, Lawton and Doerr, JJ.

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—Judgment unanimously reversed on the law, motion granted and new [991]*991trial granted. Memorandum: The record of the suppression hearing does not support the suppression court’s factual finding that the police observed defendant hand a brown bag and white bundle to his brother. The hearing transcript reveals only that the officer observed defendant and his brother walking across the street. Absent evidence that the officer observed defendant exchange items appearing to contain drugs or that defendant was in possession of drugs, the proof failed to establish probable cause for defendant’s arrest (see, People v Martin, 32 NY2d 123; People v Jackson, 119 AD2d 694). Thus, we grant defendant’s motion to suppress the physical evidence (cash) seized from defendant following his arrest. (Appeal from Judgment of Monroe County Court, Marks, J. — Criminal Possession Controlled Substance, 3rd Degree.) Present — Callahan, J. P., Green, Balio, Lawton and Doerr, JJ.

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Bluebook (online)

191 A.D.2d 990, 595 N.Y.S.2d 161, 1993 N.Y. App. Div. LEXIS 2944, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lindsay-nyappdiv-1993.

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