From Casetext: Smarter Legal Research

People v. Lee

Appellate Division of the Supreme Court of New York, First Department
Feb 18, 1999
258 A.D.2d 352 (N.Y. App. Div. 1999)

Opinion

February 18, 1999

Appeal from the Supreme Court, Bronx County (Alexander Hunter, J.).


Defendant's motion to suppress physical evidence and statements was properly denied. The face-to-face encounter in which an unidentified informant specifically pointed out defendant and stated that defendant was carrying a gun provided the officer with reasonable suspicion that defendant was committing a crime, thereby justifying the stop of the livery cab in which defendant was a passenger, and the ensuing search and seizure were justified by the subsequent events, including defendant's flight. The informant's excited demeanor provided ample basis upon which to conclude that his information was reliable (see, People v. Castro, 115 A.D.2d 433, affd 68 N.Y.2d 850).

Concur — Sullivan, J. P., Ellerin, Lerner and Rubin, JJ.


Summaries of

People v. Lee

Appellate Division of the Supreme Court of New York, First Department
Feb 18, 1999
258 A.D.2d 352 (N.Y. App. Div. 1999)
Case details for

People v. Lee

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK LEE, Appellant

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

Date published: Feb 18, 1999

Citations

258 A.D.2d 352 (N.Y. App. Div. 1999)
687 N.Y.S.2d 312

Citing Cases

People v. Norman

The People established the reliability of the unnamed informant, i.e., the driver of the van, by establishing…

People v. Benjamin

We see no reason to disturb the court's credibility determinations, which are supported by the record. When…