People v. Randolph

Appellate Division of the Supreme Court of New York

People v. Randolph

278 A.D.2d 52, 717 N.Y.S.2d 561, 2000 N.Y. App. Div. LEXIS 13135

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

DecidedDecember 12, 2000

StatusPublished

Cited by1 cases

This text of 278 A.D.2d 52 (People v. Randolph) 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. Randolph, 278 A.D.2d 52, 717 N.Y.S.2d 561, 2000 N.Y. App. Div. LEXIS 13135 (N.Y. Ct. App. 2000).

Pincite

Opinion

Judgment, Supreme Court, Bronx County (Denis Boyle, J.), rendered April 1, 1998, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him to a term of 5 years probation, unanimously affirmed.

Defendant’s suppression motion was properly denied. There is no basis upon which to disturb the court’s credibility determinations, which are supported by the record. Defendant’s suspicious acts of nervously stopping and turning around to look at the slowly passing vehicle four to six times warranted the inference that defendant recognized the unmarked car as a police vehicle, and supplied an objective credible reason for the police to approach defendant and request information (see, People v De Bour, 40 NY2d 210, 220), resulting in their observation of what appeared to be a gun in defendant’s waistband. Concur — Tom, J. P., Ellerin, Wallach, Rubin and Saxe, JJ.

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

Judgment, Supreme Court, Bronx County (Denis Boyle, J.), rendered April 1, 1998, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him to a term of 5 years probation, unanimously affirmed.

Defendant’s suppression motion was properly denied. There is no basis upon which to disturb the court’s credibility determinations, which are supported by the record. Defendant’s suspicious acts of nervously stopping and turning around to look at the slowly passing vehicle four to six times warranted the inference that defendant recognized the unmarked car as a police vehicle, and supplied an objective credible reason for the police to approach defendant and request information (see, People v De Bour, 40 NY2d 210, 220), resulting in their observation of what appeared to be a gun in defendant’s waistband. Concur — Tom, J. P., Ellerin, Wallach, Rubin and Saxe, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

278 A.D.2d 52, 717 N.Y.S.2d 561, 2000 N.Y. App. Div. LEXIS 13135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-randolph-nyappdiv-2000.

Opinion

Related

Cite This Page — Counsel Stack