People v. Overton

Appellate Division of the Supreme Court of New York

People v. Overton

223 A.D.2d 466, 637 N.Y.S.2d 364, 1996 N.Y. App. Div. LEXIS 505

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

DecidedJanuary 23, 1996

StatusPublished

This text of 223 A.D.2d 466 (People v. Overton) 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. Overton, 223 A.D.2d 466, 637 N.Y.S.2d 364, 1996 N.Y. App. Div. LEXIS 505 (N.Y. Ct. App. 1996).

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Opinion

Judgment, [467]*467Supreme Court, Bronx County (George Covington, J.), rendered May 23, 1994, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 21h to 5 years, unanimously affirmed.

The police had reasonable suspicion that defendant had a gun when they observed a holster protruding from his jacket as well as a bullet-proof vest, walkie-talkie and what appeared to be a detective’s shield (see, People v Matos, 191 AD2d 232, lv denied 81 NY2d 1016; People v Lugo, 177 AD2d 427, lv denied 79 NY2d 949). The police were therefore justified in conducting a minimally intrusive touching of the holster, to determine if there was a gun inside, when defendant responded, when asked, that he was not a police officer (see, People v Taveras, 207 AD2d 306, lv denied 84 NY2d 940). Defendant’s claim that his bargained-for sentence, which was only slightly above the minimum permitted by law, should be reduced as excessive, is utterly without merit. Concur—Rosenberger, J. P., Ellerin, Nardelli, Williams and Tom, JJ.

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Judgment, [467]*467Supreme Court, Bronx County (George Covington, J.), rendered May 23, 1994, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 21h to 5 years, unanimously affirmed.

The police had reasonable suspicion that defendant had a gun when they observed a holster protruding from his jacket as well as a bullet-proof vest, walkie-talkie and what appeared to be a detective’s shield (see, People v Matos, 191 AD2d 232, lv denied 81 NY2d 1016; People v Lugo, 177 AD2d 427, lv denied 79 NY2d 949). The police were therefore justified in conducting a minimally intrusive touching of the holster, to determine if there was a gun inside, when defendant responded, when asked, that he was not a police officer (see, People v Taveras, 207 AD2d 306, lv denied 84 NY2d 940). Defendant’s claim that his bargained-for sentence, which was only slightly above the minimum permitted by law, should be reduced as excessive, is utterly without merit. Concur—Rosenberger, J. P., Ellerin, Nardelli, Williams and Tom, JJ.

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Bluebook (online)

223 A.D.2d 466, 637 N.Y.S.2d 364, 1996 N.Y. App. Div. LEXIS 505, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-overton-nyappdiv-1996.

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