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People v. Otty

Appellate Division of the Supreme Court of New York, First Department
Jan 9, 1996
223 A.D.2d 364 (N.Y. App. Div. 1996)

Opinion

January 9, 1996

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


The frisk of defendant was not supported by a reasonable belief, based on specific and articulable facts, that defendant had committed or was about to commit a crime nor that he was armed and presently dangerous. Defendant's "mere propinquity to others independently suspected of criminal activity d[id] not, without more, give rise to probable cause to search [him]" ( Ybarra v Illinois, 444 U.S. 85, 91; Matter of Nelson S., 196 A.D.2d 422, 424-425). Thus, there was no legal basis for the frisk and the hearing court properly suppressed the gun recovered from defendant.

Concur — Murphy, P.J., Wallach, Kupferman, Ross and Williams, JJ.


Summaries of

People v. Otty

Appellate Division of the Supreme Court of New York, First Department
Jan 9, 1996
223 A.D.2d 364 (N.Y. App. Div. 1996)
Case details for

People v. Otty

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ANDREW OTTY, Respondent

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

Date published: Jan 9, 1996

Citations

223 A.D.2d 364 (N.Y. App. Div. 1996)
636 N.Y.S.2d 1004

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