People v. Otty

Appellate Division of the Supreme Court of New York

People v. Otty

223 A.D.2d 364, 636 N.Y.S.2d 1004, 1996 N.Y. App. Div. LEXIS 55

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

DecidedJanuary 9, 1996

StatusPublished

Cited by3 cases

This text of 223 A.D.2d 364 (People v. Otty) 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. Otty, 223 A.D.2d 364, 636 N.Y.S.2d 1004, 1996 N.Y. App. Div. LEXIS 55 (N.Y. Ct. App. 1996).

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Opinion

Order, Supreme Court, Bronx County (Frank Torres, J.), entered March 24, 1994, which granted defendant’s motion to suppress a gun, unanimously affirmed.

The frisk of defendant was not supported by a reasonable [365]*365belief, based on specific and articulable facts, that defendant had committed or was about to commit a crime nor that he was armed and presently dangerous. Defendant’s "mere propinquity to others independently suspected of criminal activity d[id] not, without more, give rise to probable cause to search [him]” (Ybarra v Illinois, 444 US 85, 91; Matter of Nelson S., 196 AD2d 422, 424-425). Thus, there was no legal basis for the frisk and the hearing court properly suppressed the gun recovered from defendant. Concur—Murphy, P. J., Wallach, Kupferman, Ross and Williams, JJ.

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Order, Supreme Court, Bronx County (Frank Torres, J.), entered March 24, 1994, which granted defendant’s motion to suppress a gun, unanimously affirmed.

The frisk of defendant was not supported by a reasonable [365]*365belief, based on specific and articulable facts, that defendant had committed or was about to commit a crime nor that he was armed and presently dangerous. Defendant’s "mere propinquity to others independently suspected of criminal activity d[id] not, without more, give rise to probable cause to search [him]” (Ybarra v Illinois, 444 US 85, 91; Matter of Nelson S., 196 AD2d 422, 424-425). Thus, there was no legal basis for the frisk and the hearing court properly suppressed the gun recovered from defendant. Concur—Murphy, P. J., Wallach, Kupferman, Ross and Williams, JJ.

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Bluebook (online)

223 A.D.2d 364, 636 N.Y.S.2d 1004, 1996 N.Y. App. Div. LEXIS 55, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-otty-nyappdiv-1996.

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