People v. Sellars

Appellate Division of the Supreme Court of New York

People v. Sellars

251 A.D.2d 167, 674 N.Y.S.2d 342, 1998 N.Y. App. Div. LEXIS 7309

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

DecidedJune 18, 1998

StatusPublished

This text of 251 A.D.2d 167 (People v. Sellars) 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. Sellars, 251 A.D.2d 167, 674 N.Y.S.2d 342, 1998 N.Y. App. Div. LEXIS 7309 (N.Y. Ct. App. 1998).

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Opinion

—Judgment, Supreme Court, New York County (Jerome Hornblass, J., at Mapp hearing; Harold Beeler, J., at plea and sentence), rendered November 9, 1994, convicting defendant of criminal possession of a weapon in the third degree, and sentencing him, as a persistent violent felony offender, to a term of 7 years to life, unanimously affirmed.

Defendant’s suppression motion was properly denied. The police had reasonable suspicion to stop the car in which defendant was a passenger. About an hour after the police had heard a report of shots fired and received information from an [168]*168unidentified civilian informant during a face-to-face encounter that a man had been abducted at gunpoint by four male blacks driving a black, four-door Honda with tinted windows and star chrome wheel covers, the police observed a vehicle matching the description in the vicinity of the specified location. Shortly thereafter, the vehicle twice circled the block, fled from the scene immediately after a man who was speaking to the occupants of the car observed the marked police car, and continued through a red light. The totality of these circumstances justified pursuit by the police (see, People v Green, 35 NY2d 193; People v Bruce, 78 AD2d 169, lv denied 52 NY2d 1074). We have considered defendant’s remaining contentions and find them to be without merit. Concur — Milonas, J. P., Nardelli, Wallach and Saxe, JJ.

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—Judgment, Supreme Court, New York County (Jerome Hornblass, J., at Mapp hearing; Harold Beeler, J., at plea and sentence), rendered November 9, 1994, convicting defendant of criminal possession of a weapon in the third degree, and sentencing him, as a persistent violent felony offender, to a term of 7 years to life, unanimously affirmed.

Defendant’s suppression motion was properly denied. The police had reasonable suspicion to stop the car in which defendant was a passenger. About an hour after the police had heard a report of shots fired and received information from an [168]*168unidentified civilian informant during a face-to-face encounter that a man had been abducted at gunpoint by four male blacks driving a black, four-door Honda with tinted windows and star chrome wheel covers, the police observed a vehicle matching the description in the vicinity of the specified location. Shortly thereafter, the vehicle twice circled the block, fled from the scene immediately after a man who was speaking to the occupants of the car observed the marked police car, and continued through a red light. The totality of these circumstances justified pursuit by the police (see, People v Green, 35 NY2d 193; People v Bruce, 78 AD2d 169, lv denied 52 NY2d 1074). We have considered defendant’s remaining contentions and find them to be without merit. Concur — Milonas, J. P., Nardelli, Wallach and Saxe, JJ.

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Bluebook (online)

251 A.D.2d 167, 674 N.Y.S.2d 342, 1998 N.Y. App. Div. LEXIS 7309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sellars-nyappdiv-1998.

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