People v. Zapata

Appellate Division of the Supreme Court of New York

People v. Zapata

256 A.D.2d 202, 682 N.Y.S.2d 377, 1998 N.Y. App. Div. LEXIS 13683

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

DecidedDecember 22, 1998

StatusPublished

This text of 256 A.D.2d 202 (People v. Zapata) 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. Zapata, 256 A.D.2d 202, 682 N.Y.S.2d 377, 1998 N.Y. App. Div. LEXIS 13683 (N.Y. Ct. App. 1998).

Pincite

Opinion

—Judgment, Supreme Court, New York County (Martin Rettinger, J.), rendered March 25, 1996, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to concurrent terms of 4V2 to 9 years and 2 to 4 years, unanimously affirmed.

Defendant’s suppression motion was properly denied. As he lawfully approached defendant, and prior to any search, the arresting officer observed defendant “drinking what reasonably appeared to be an alcoholic beverage from an open bottle” (Matter of Johnnie A., 253 AD2d 578), contained in a paper bag that was open for the purpose of drinking the beverage, and that observation was coupled with defendant’s inability to produce identification. The arrest of defendant was therefore proper (see also, People v Fernandez, 193 AD2d 896, lv denied 81 NY2d 1072). Concur — Sullivan, J. P., Rosenberger, Wallach and Tom, JJ.

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

—Judgment, Supreme Court, New York County (Martin Rettinger, J.), rendered March 25, 1996, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to concurrent terms of 4V2 to 9 years and 2 to 4 years, unanimously affirmed.

Defendant’s suppression motion was properly denied. As he lawfully approached defendant, and prior to any search, the arresting officer observed defendant “drinking what reasonably appeared to be an alcoholic beverage from an open bottle” (Matter of Johnnie A., 253 AD2d 578), contained in a paper bag that was open for the purpose of drinking the beverage, and that observation was coupled with defendant’s inability to produce identification. The arrest of defendant was therefore proper (see also, People v Fernandez, 193 AD2d 896, lv denied 81 NY2d 1072). Concur — Sullivan, J. P., Rosenberger, Wallach and Tom, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

256 A.D.2d 202, 682 N.Y.S.2d 377, 1998 N.Y. App. Div. LEXIS 13683, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-zapata-nyappdiv-1998.

Opinion

Related

Cite This Page — Counsel Stack