People v. Russ

Appellate Division of the Supreme Court of New York

People v. Russ

219 A.D.2d 865, 632 N.Y.S.2d 350, 1995 N.Y. App. Div. LEXIS 11009

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

DecidedSeptember 29, 1995

StatusPublished

Cited by3 cases

This text of 219 A.D.2d 865 (People v. Russ) 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. Russ, 219 A.D.2d 865, 632 N.Y.S.2d 350, 1995 N.Y. App. Div. LEXIS 11009 (N.Y. Ct. App. 1995).

Pincite

Opinion

Judgment unanimously affirmed. Memorandum: Defendant’s appeal from a judgment convicting him of criminal possession of a controlled substance in the third degree brings up for review a decision denying defendant’s motion to suppress crack cocaine found in a car in which defendant was riding. As limited by his brief, the sole contention of defendant is that there was no basis for the stop of the vehicle.

A vehicle stop is lawful provided that there is reasonable suspicion of criminal activity (see, People v Sobotker, 43 NY2d 559; People v Ingle, 36 NY2d 413). Here, the officers had reason to suspect that a passenger, whom they knew and believed to be younger than 21, had made an illegal purchase of alcohol (see generally, Alcoholic Beverage Control Law §§ 65, 65-a, 65-b) and that the alcohol purchased was in the vehicle occupied by three other apparently underage individuals. The officers’ observations gave rise to reasonable suspicion justifying the stop of the vehicle. (Appeal from Judgment of Ontario County Court, Henry, Jr., J. — Criminal Possession Controlled Substance, 3rd Degree.) Present — Denman, P. J., Green, Fallon, Doerr and Balio, JJ.

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Judgment unanimously affirmed. Memorandum: Defendant’s appeal from a judgment convicting him of criminal possession of a controlled substance in the third degree brings up for review a decision denying defendant’s motion to suppress crack cocaine found in a car in which defendant was riding. As limited by his brief, the sole contention of defendant is that there was no basis for the stop of the vehicle.

A vehicle stop is lawful provided that there is reasonable suspicion of criminal activity (see, People v Sobotker, 43 NY2d 559; People v Ingle, 36 NY2d 413). Here, the officers had reason to suspect that a passenger, whom they knew and believed to be younger than 21, had made an illegal purchase of alcohol (see generally, Alcoholic Beverage Control Law §§ 65, 65-a, 65-b) and that the alcohol purchased was in the vehicle occupied by three other apparently underage individuals. The officers’ observations gave rise to reasonable suspicion justifying the stop of the vehicle. (Appeal from Judgment of Ontario County Court, Henry, Jr., J. — Criminal Possession Controlled Substance, 3rd Degree.) Present — Denman, P. J., Green, Fallon, Doerr and Balio, JJ.

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Bluebook (online)

219 A.D.2d 865, 632 N.Y.S.2d 350, 1995 N.Y. App. Div. LEXIS 11009, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-russ-nyappdiv-1995.

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