People v. Shelton

Appellate Division of the Supreme Court of New York

People v. Shelton

191 A.D.2d 976, 595 N.Y.S.2d 343

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

DecidedMarch 12, 1993

StatusPublished

This text of 191 A.D.2d 976 (People v. Shelton) 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. Shelton, 191 A.D.2d 976, 595 N.Y.S.2d 343 (N.Y. Ct. App. 1993).

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Opinion

—Judgment unanimously affirmed. Memorandum: Defendant was stopped by police officers in an area known for criminal activity after he was seen engaging in what the officers suspected was a drug transaction. Upon patting down defendant, one of the officers pulled a loaded revolver from defendant’s pocket. Supreme Court properly found that the stop and frisk of defendant and the ensuing seizure of evidence were lawful (see, CPL 140.50 [3]; Terry v Ohio, 392 US 1; People v Benjamin, 51 NY2d 267; People v Rivera, 14 NY2d 441, cert denied 379 US 978). (Appeal from Judgment of Supreme Court, Erie County, Forma, J. — Criminal Possession Weapon, 3rd Degree.) Present — Denman, P. J., Green, Balio, Fallon and Boehm, JJ.

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—Judgment unanimously affirmed. Memorandum: Defendant was stopped by police officers in an area known for criminal activity after he was seen engaging in what the officers suspected was a drug transaction. Upon patting down defendant, one of the officers pulled a loaded revolver from defendant’s pocket. Supreme Court properly found that the stop and frisk of defendant and the ensuing seizure of evidence were lawful (see, CPL 140.50 [3]; Terry v Ohio, 392 US 1; People v Benjamin, 51 NY2d 267; People v Rivera, 14 NY2d 441, cert denied 379 US 978). (Appeal from Judgment of Supreme Court, Erie County, Forma, J. — Criminal Possession Weapon, 3rd Degree.) Present — Denman, P. J., Green, Balio, Fallon and Boehm, JJ.

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191 A.D.2d 976, 595 N.Y.S.2d 343, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-shelton-nyappdiv-1993.

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