People v. Major

Appellate Division of the Supreme Court of New York

People v. Major

309 A.D.2d 649, 765 N.Y.S.2d 631, 2003 N.Y. App. Div. LEXIS 10968

Appellate Division of the Supreme Court of the State of New York·Decided October 23, 2003·Published

Opinion

Judgment, Supreme Court, New York County (Micki Scherer, J., at hearing; Ira Beal, J., at plea; Charles Solomon, J., at sentence), rendered April 19, 2000, convicting defendant of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 6 to 12 years, unanimously affirmed.

The court properly denied defendant’s suppression motion. Defendant’s behavior matched the pattern of drug activity that [650]*650the police had previously observed at the same drug-prone corner, particularly with respect to the type of packaging usually employed by drug dealers at that location. These circumstances, coupled with defendant’s furtive behavior upon the approach of the police, gave rise to probable cause (see People v Jones, 90 NY2d 835 [1997]; People v Brown, 304 AD2d 321 [2003], lv denied 100 NY2d 536 [2003]; People v Alexander, 218 AD2d 284 [1996], lv denied 88 NY2d 964 [1996]). Concur— Saxe, J.P., Rosenberger, Friedman and Marlow, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme Court, New York County (Micki Scherer, J., at hearing; Ira Beal, J., at plea; Charles Solomon, J., at sentence), rendered April 19, 2000, convicting defendant of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 6 to 12 years, unanimously affirmed.

The court properly denied defendant’s suppression motion. Defendant’s behavior matched the pattern of drug activity that [650]*650the police had previously observed at the same drug-prone corner, particularly with respect to the type of packaging usually employed by drug dealers at that location. These circumstances, coupled with defendant’s furtive behavior upon the approach of the police, gave rise to probable cause (see People v Jones, 90 NY2d 835 [1997]; People v Brown, 304 AD2d 321 [2003], lv denied 100 NY2d 536 [2003]; People v Alexander, 218 AD2d 284 [1996], lv denied 88 NY2d 964 [1996]). Concur— Saxe, J.P., Rosenberger, Friedman and Marlow, JJ.

People v. Major, 309 A.D.2d 649, 765 N.Y.S.2d 631, 2003 N.Y. App. Div. LEXIS 10968 (N.Y. Ct. App. 2003).

Pincite

309 A.D.2d 649 (People v. Major) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related