People v. Simkins

Appellate Division of the Supreme Court of New York

People v. Simkins

256 A.D.2d 132, 681 N.Y.S.2d 513, 1998 N.Y. App. Div. LEXIS 13760

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

DecidedDecember 15, 1998

StatusPublished

This text of 256 A.D.2d 132 (People v. Simkins) 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. Simkins, 256 A.D.2d 132, 681 N.Y.S.2d 513, 1998 N.Y. App. Div. LEXIS 13760 (N.Y. Ct. App. 1998).

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Opinion

—Judgment, Supreme Court, New York County (Carol Berkman, J., at hearing; Richard Lowe, III, J., at plea and sentence), rendered November 2, 1992, convicting defendant of criminal possession of a controlled substance in the fifth degree, and sentencing her, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Defendant’s suppression motion was properly denied. After having avoided the uniformed officer on about six occasions during the almost two and a half-hour period that she stood in a highly drug-prone location, defendant walked across the street when she saw the officer and his partner approaching her again. When asked to identify herself and the nature of her business in the area, defendant mumbled unintelligibly in a manner suggesting the presence of something in her mouth. Under the circumstances, there was reasonable suspicion to believe that defendant was involved in a crime given the officer’s prior observations of suspects secreting drug vials in their mouths during arrest encounters in this very area, and this justified ordering defendant to spit out the vials contained in her mouth. Concur — Lerner, P. J., Sullivan, Milonas, Rosenberger and Ellerin, JJ.

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—Judgment, Supreme Court, New York County (Carol Berkman, J., at hearing; Richard Lowe, III, J., at plea and sentence), rendered November 2, 1992, convicting defendant of criminal possession of a controlled substance in the fifth degree, and sentencing her, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Defendant’s suppression motion was properly denied. After having avoided the uniformed officer on about six occasions during the almost two and a half-hour period that she stood in a highly drug-prone location, defendant walked across the street when she saw the officer and his partner approaching her again. When asked to identify herself and the nature of her business in the area, defendant mumbled unintelligibly in a manner suggesting the presence of something in her mouth. Under the circumstances, there was reasonable suspicion to believe that defendant was involved in a crime given the officer’s prior observations of suspects secreting drug vials in their mouths during arrest encounters in this very area, and this justified ordering defendant to spit out the vials contained in her mouth. Concur — Lerner, P. J., Sullivan, Milonas, Rosenberger and Ellerin, JJ.

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Bluebook (online)

256 A.D.2d 132, 681 N.Y.S.2d 513, 1998 N.Y. App. Div. LEXIS 13760, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-simkins-nyappdiv-1998.