People v. Lorenzo

Appellate Division of the Supreme Court of New York

People v. Lorenzo

254 A.D.2d 89, 678 N.Y.S.2d 621, 1998 N.Y. App. Div. LEXIS 10679

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

DecidedOctober 13, 1998

StatusPublished

This text of 254 A.D.2d 89 (People v. Lorenzo) 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. Lorenzo, 254 A.D.2d 89, 678 N.Y.S.2d 621, 1998 N.Y. App. Div. LEXIS 10679 (N.Y. Ct. App. 1998).

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Opinion

Judgment, Supreme Court, New York County (Leslie Crocker Snyder, J.), rendered May 15, 1998, convicting defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the third degree, and sentencing him to a prison term of 6 months concurrent with a term of 5 years probation, unanimously affirmed.

Defendant’s suppression motion was properly denied. Following a valid vehicle stop and defendant’s own conduct in voluntarily stepping out of his vehicle, the officer’s inquiry into the bulge beneath his waistband was permissible (see, People v Prochilo, 41 NY2d 759; People v De Bour, 40 NY2d 210, 221), as was the officer’s subsequent inquiry as to the contents of the brown paper bag that the defendant voluntarily handed him (see, People v Diaz, 232 AD2d 289; People v Brunson, 166 AD2d 204). These circumstances, at the very least, justified the officer’s common-law inquiries. Concur — Lemer, P. J., Sullivan, Mazzarelli, Andrias and Saxe, JJ.

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Judgment, Supreme Court, New York County (Leslie Crocker Snyder, J.), rendered May 15, 1998, convicting defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the third degree, and sentencing him to a prison term of 6 months concurrent with a term of 5 years probation, unanimously affirmed.

Defendant’s suppression motion was properly denied. Following a valid vehicle stop and defendant’s own conduct in voluntarily stepping out of his vehicle, the officer’s inquiry into the bulge beneath his waistband was permissible (see, People v Prochilo, 41 NY2d 759; People v De Bour, 40 NY2d 210, 221), as was the officer’s subsequent inquiry as to the contents of the brown paper bag that the defendant voluntarily handed him (see, People v Diaz, 232 AD2d 289; People v Brunson, 166 AD2d 204). These circumstances, at the very least, justified the officer’s common-law inquiries. Concur — Lemer, P. J., Sullivan, Mazzarelli, Andrias and Saxe, JJ.

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Bluebook (online)

254 A.D.2d 89, 678 N.Y.S.2d 621, 1998 N.Y. App. Div. LEXIS 10679, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lorenzo-nyappdiv-1998.

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