From Casetext: Smarter Legal Research

People v. Jenkins

Appellate Division of the Supreme Court of New York, Second Department
Apr 14, 1986
119 A.D.2d 697 (N.Y. App. Div. 1986)

Opinion

April 14, 1986

Appeal from the County Court, Westchester County (Donovan, J.).


Judgment affirmed.

The record of the defendant's Mapp hearing demonstrates that the People met their burden of going forward with evidence (see, e.g., People v. Berrios, 28 N.Y.2d 361; People v. Sanders, 79 A.D.2d 688), that the defendant's arrest was based upon probable cause (see, e.g., People v. Medina, 107 A.D.2d 302; CPL 140.10), and that the search of the defendant and his shoulder bag incident to his arrest was proper because it was motivated by the arresting officers' reasonable fear for their own safety (see, e.g., People v. Smith, 59 N.Y.2d 454; People v. Johnson, 59 N.Y.2d 1014; cf. People v. Gokey, 60 N.Y.2d 309, 312-314). The defendant failed to meet his burden at the hearing of showing that his rights under the Federal or State Constitutions were violated.

We have examined the defendant's remaining contentions and find them to be without merit. Mangano, J.P., Gibbons, Brown and Lawrence, JJ., concur.


Summaries of

People v. Jenkins

Appellate Division of the Supreme Court of New York, Second Department
Apr 14, 1986
119 A.D.2d 697 (N.Y. App. Div. 1986)
Case details for

People v. Jenkins

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BARRON JENKINS…

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

Date published: Apr 14, 1986

Citations

119 A.D.2d 697 (N.Y. App. Div. 1986)

Citing Cases

People v. Wylie

It is the People's burden in the first instance to establish justification for a warrantless search, which is…

People v. Rivera

This alone would have led a reasonable person to suspect that the defendant might have been armed. Moreover,…