People v. Paul

Appellate Division of the Supreme Court of New York

People v. Paul

240 A.D.2d 168, 658 N.Y.S.2d 275, 1997 N.Y. App. Div. LEXIS 5831

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

DecidedJune 3, 1997

StatusPublished

Cited by3 cases

This text of 240 A.D.2d 168 (People v. Paul) 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. Paul, 240 A.D.2d 168, 658 N.Y.S.2d 275, 1997 N.Y. App. Div. LEXIS 5831 (N.Y. Ct. App. 1997).

Pincite

Opinion

Judgment, Supreme Court, New York County (John Bradley, J.), rendered November 30, 1994, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him, as a second felony offender, to a term of 21/2 to 5 years, unanimously affirmed.

Defendant’s motion to suppress was properly denied. There was reasonable suspicion to detain defendant where, seconds after hearing numerous gunshots, the officers observed defendant and his codefendant, the only persons present, running from the location of the shots, while the codefendant was carrying an object under his coat, and, upon seeing the officers, they suddenly veered further into a park. In the ensuing frisk, the officers recovered a ski mask and a rubber glove from the codefendant, and discovered that both men were wearing two sets of clothing on a warm night. The brief investigatory detention was limited and necessary to enable the police to quickly confirm or dispel their suspicions (People v Allen, 73 NY2d 378; People v Hicks, 68 NY2d 234). Three minutes later, the police discovered a pistol, warm from recent firing, which had been abandoned a short distance away. This raised the level of suspicion to probable cause for arrest, and suppression of the fruits of that arrest was properly denied. Concur—Sullivan, J. P., Ellerin, Nardelli, Tom and Mazzarelli, JJ.

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

Judgment, Supreme Court, New York County (John Bradley, J.), rendered November 30, 1994, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him, as a second felony offender, to a term of 21/2 to 5 years, unanimously affirmed.

Defendant’s motion to suppress was properly denied. There was reasonable suspicion to detain defendant where, seconds after hearing numerous gunshots, the officers observed defendant and his codefendant, the only persons present, running from the location of the shots, while the codefendant was carrying an object under his coat, and, upon seeing the officers, they suddenly veered further into a park. In the ensuing frisk, the officers recovered a ski mask and a rubber glove from the codefendant, and discovered that both men were wearing two sets of clothing on a warm night. The brief investigatory detention was limited and necessary to enable the police to quickly confirm or dispel their suspicions (People v Allen, 73 NY2d 378; People v Hicks, 68 NY2d 234). Three minutes later, the police discovered a pistol, warm from recent firing, which had been abandoned a short distance away. This raised the level of suspicion to probable cause for arrest, and suppression of the fruits of that arrest was properly denied. Concur—Sullivan, J. P., Ellerin, Nardelli, Tom and Mazzarelli, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

240 A.D.2d 168, 658 N.Y.S.2d 275, 1997 N.Y. App. Div. LEXIS 5831, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-paul-nyappdiv-1997.

Opinion

Related

Cite This Page — Counsel Stack