People v. Walker

Appellate Division of the Supreme Court of New York

People v. Walker

57 A.D.2d 517, 393 N.Y.S.2d 561, 1977 N.Y. App. Div. LEXIS 11418

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

DecidedApril 14, 1977

StatusPublished

This text of 57 A.D.2d 517 (People v. Walker) 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. Walker, 57 A.D.2d 517, 393 N.Y.S.2d 561, 1977 N.Y. App. Div. LEXIS 11418 (N.Y. Ct. App. 1977).

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Opinion

Judgment, Supreme Court, New York County, rendered April 1, 1975, convicting defendant of the crime of possession of a weapon as a felony and sentencing him to a term of imprisonment of Vz to 4 years, unanimously reversed, on the law, and vacated, the motion to suppress is granted, and the indictment dismissed. In testimony at the suppression hearing, the arresting officer in the following terms related his critical observation of the defendant who, at the time of arrest, was wearing a leather jacket: First, 'T noticed that there was a bulge in his right hand pocket of his jacket.” Second, "I noticed the bulge in his right hand jacket pocket which I thought that it might look like a gun.” Third, "What I mean is I couldn’t be absolutely certain that it was a gun.” Even if the officer is fully credible, these observations provide an insufficient basis for defendant’s arrest (People v Goings, 51 AD2d 901). Concur—Murphy, P. J., Birns, Capozzoli and Lane, JJ.

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Judgment, Supreme Court, New York County, rendered April 1, 1975, convicting defendant of the crime of possession of a weapon as a felony and sentencing him to a term of imprisonment of Vz to 4 years, unanimously reversed, on the law, and vacated, the motion to suppress is granted, and the indictment dismissed. In testimony at the suppression hearing, the arresting officer in the following terms related his critical observation of the defendant who, at the time of arrest, was wearing a leather jacket: First, 'T noticed that there was a bulge in his right hand pocket of his jacket.” Second, "I noticed the bulge in his right hand jacket pocket which I thought that it might look like a gun.” Third, "What I mean is I couldn’t be absolutely certain that it was a gun.” Even if the officer is fully credible, these observations provide an insufficient basis for defendant’s arrest (People v Goings, 51 AD2d 901). Concur—Murphy, P. J., Birns, Capozzoli and Lane, JJ.

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Bluebook (online)

57 A.D.2d 517, 393 N.Y.S.2d 561, 1977 N.Y. App. Div. LEXIS 11418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-walker-nyappdiv-1977.

Opinion

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