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People v. Chann

Appellate Division of the Supreme Court of New York, First Department
Nov 2, 1995
221 A.D.2d 155 (N.Y. App. Div. 1995)

Opinion

November 2, 1995

Appeal from the Supreme Court, Bronx County (Frank Diaz, J.).


Defendant's motion to suppress was properly granted. During a traffic stop, defendant made a hand motion as if to place an object in the back seat. This did not provide sufficient basis to search the vehicle ( People v McCready, 121 A.D.2d 897, appeal dismissed 69 N.Y.2d 981). Nothing in defendant's behavior prior to the stop, to wit, looking away and slumping down, suggested that he was armed ( People v Concepcion, 216 A.D.2d 141). In any event, once the officers removed him from the vehicle, there was no immediate threat to their safety ( People v Chapman, 211 A.D.2d 544, lv denied 85 N.Y.2d 970).

Concur — Ellerin, J.P., Wallach, Nardelli and Williams, JJ.


Summaries of

People v. Chann

Appellate Division of the Supreme Court of New York, First Department
Nov 2, 1995
221 A.D.2d 155 (N.Y. App. Div. 1995)
Case details for

People v. Chann

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. BU CHANN, Respondent

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 2, 1995

Citations

221 A.D.2d 155 (N.Y. App. Div. 1995)
633 N.Y.S.2d 150

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