People v. Simms

Appellate Division of the Supreme Court of New York

People v. Simms

25 A.D.3d 425, 808 N.Y.S.2d 64

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

DecidedJanuary 12, 2006

StatusPublished

Cited by3 cases

This text of 25 A.D.3d 425 (People v. Simms) 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. Simms, 25 A.D.3d 425, 808 N.Y.S.2d 64 (N.Y. Ct. App. 2006).

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Opinion

Judgment, Supreme Court, New York County (Rena K. Uviller, J.), rendered September 7, 2004, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree, and sentencing him, as a second felony offender, to a term of five years, unanimously affirmed.

The court properly denied defendant’s suppression motion. There is no basis for disturbing the court’s credibility determinations, which are supported by the record (see People v Prochilo, 41 NY2d 759, 761 [1977]). Defendant’s abandonment of a revolver was not the product of any unlawful police activity. When the police observed defendant unlawfully riding his bicycle on the sidewalk, they were entitled to detain him for the purpose of issuing a summons and to pursue him when he fled (see e.g. People v Delgado, 4 AD3d 310 [2004], lv denied 2 NY3d 798 [2004]; People v Bothwell, 261 AD2d 232, 234-235 [1999], lv denied 93 NY2d 1026 [1999]). Concur—Saxe, J.P., Friedman, Williams, Catterson and Malone, JJ.

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Judgment, Supreme Court, New York County (Rena K. Uviller, J.), rendered September 7, 2004, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree, and sentencing him, as a second felony offender, to a term of five years, unanimously affirmed.

The court properly denied defendant’s suppression motion. There is no basis for disturbing the court’s credibility determinations, which are supported by the record (see People v Prochilo, 41 NY2d 759, 761 [1977]). Defendant’s abandonment of a revolver was not the product of any unlawful police activity. When the police observed defendant unlawfully riding his bicycle on the sidewalk, they were entitled to detain him for the purpose of issuing a summons and to pursue him when he fled (see e.g. People v Delgado, 4 AD3d 310 [2004], lv denied 2 NY3d 798 [2004]; People v Bothwell, 261 AD2d 232, 234-235 [1999], lv denied 93 NY2d 1026 [1999]). Concur—Saxe, J.P., Friedman, Williams, Catterson and Malone, JJ.

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Bluebook (online)

25 A.D.3d 425, 808 N.Y.S.2d 64, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-simms-nyappdiv-2006.

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