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People v. Carter

Appellate Division of the Supreme Court of New York, First Department
Mar 10, 2005
16 A.D.3d 188 (N.Y. App. Div. 2005)

Summary

distinguishing between general and ticketholder-only areas of Bus Terminal, and finding exclusion of individual from ticketholder-only area permissible due to lack of ticket

Summary of this case from United States v. Segui

Opinion

5585.

March 10, 2005.

Judgment, Supreme Court, New York County (William A. Wetzel, J., at hearing; Brenda G. Soloff, J., at plea and sentence), rendered March 3, 2003, convicting defendant of criminal possession of a controlled substance in the fourth degree, and sentencing him to a term of 3 to 6 years, unanimously affirmed.

Before: Tom, J.P., Andrias, Williams, Gonzalez and Catterson, JJ.


The court properly denied defendant's suppression motion. Since defendant was in an area of the Port Authority Bus Terminal restricted to ticket holders, the officer had an objective, credible reason for asking defendant, whom he recognized as a person he had frequently seen in or around the terminal, whether he had a bus ticket or whether he was planning on boarding a bus ( see People v. Hollman, 79 NY2d 181, 191). Signs on the fourth floor clearly indicated that the floor was restricted to ticketed passengers only. Although it was possible to arrive at the fourth floor by a route that bypassed these warning signs, the officer's credited testimony established that he had just seen defendant, or a person he reasonably believed to be defendant, go past such a warning sign while riding up an escalator. The record fails to support defendant's assertion that the hearing court made no factual finding in this regard. The fact that the court's decision set forth an alternative basis for denying suppression does not warrant a different conclusion. Once defendant admitted to the officer that he was not a bus passenger, and failed to produce a reliable form of identification, the officer had the requisite probable cause to arrest defendant for criminal trespass, resulting in the recovery of drugs.


Summaries of

People v. Carter

Appellate Division of the Supreme Court of New York, First Department
Mar 10, 2005
16 A.D.3d 188 (N.Y. App. Div. 2005)

distinguishing between general and ticketholder-only areas of Bus Terminal, and finding exclusion of individual from ticketholder-only area permissible due to lack of ticket

Summary of this case from United States v. Segui

In People v Carter (16 AD3d 188 [1st Dept 2005]), an officer approached the defendant and asked whether he had a bus ticket or was planning to board the bus.

Summary of this case from People v. Keita
Case details for

People v. Carter

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SEAN CARTER, Appellant

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

Date published: Mar 10, 2005

Citations

16 A.D.3d 188 (N.Y. App. Div. 2005)
790 N.Y.S.2d 459

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