People v. Telfair

Appellate Division of the Supreme Court of New York

People v. Telfair

256 A.D.2d 121, 681 N.Y.S.2d 755, 1998 N.Y. App. Div. LEXIS 13262

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

DecidedDecember 10, 1998

StatusPublished

This text of 256 A.D.2d 121 (People v. Telfair) 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. Telfair, 256 A.D.2d 121, 681 N.Y.S.2d 755, 1998 N.Y. App. Div. LEXIS 13262 (N.Y. Ct. App. 1998).

Pincite

Opinion

—Judgment, Supreme Court, New York County (Herbert Altman, J.), rendered March 13, 1997, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a determinate term of 5 years, unanimously affirmed.

Defendant’s suppression motion was properly denied. The record supports the court’s finding that defendant voluntarily walked up to the unmarked police van, with a pistol in his waistband, the butt of which became clearly recognizable to the officer as defendant drew close to the van. This observation permitted the police to restrain defendant and seize the weapon. Concur — Sullivan, J. P., Milonas, Wallach, Williams and Mazzarelli, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Judgment, Supreme Court, New York County (Herbert Altman, J.), rendered March 13, 1997, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a determinate term of 5 years, unanimously affirmed.

Defendant’s suppression motion was properly denied. The record supports the court’s finding that defendant voluntarily walked up to the unmarked police van, with a pistol in his waistband, the butt of which became clearly recognizable to the officer as defendant drew close to the van. This observation permitted the police to restrain defendant and seize the weapon. Concur — Sullivan, J. P., Milonas, Wallach, Williams and Mazzarelli, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

256 A.D.2d 121, 681 N.Y.S.2d 755, 1998 N.Y. App. Div. LEXIS 13262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-telfair-nyappdiv-1998.