From Casetext: Smarter Legal Research

People v. Plato

Appellate Division of the Supreme Court of New York, First Department
Feb 24, 1998
247 A.D.2d 317 (N.Y. App. Div. 1998)

Opinion

February 24, 1998

Appeal from the Supreme Court, New York County (Michael Obus, J.).


Defendant's suppression motion was properly denied. Within a minute of receiving a radio transmission that an armed robbery had been committed by a black man wearing a black jacket and black-hooded sweatshirt and that the man was traveling north from the crime scene with two others, the officers saw defendant, fitting the description in the transmission, walking, with two others, four or five blocks from the location of the crime scene in the same direction that the robbers had reportedly taken. These circumstances gave the police reasonable suspicion upon which to stop and frisk defendant ( People v. Salaman, 71 N.Y.2d 869; People v. Hodge, 237 A.D.2d 234, lv denied 90 N.Y.2d 894; People v. Pagan, 227 A.D.2d 133, lv denied 88 N.Y.2d 991). We have considered defendant's remaining contentions and find them to be without merit.

Concur — Milonas, J. P., Nardelli, Mazzarelli and Andrias, JJ.


Summaries of

People v. Plato

Appellate Division of the Supreme Court of New York, First Department
Feb 24, 1998
247 A.D.2d 317 (N.Y. App. Div. 1998)
Case details for

People v. Plato

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK Respondent, v. KENNETH PLATO, Appellant

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

Date published: Feb 24, 1998

Citations

247 A.D.2d 317 (N.Y. App. Div. 1998)
668 N.Y.S.2d 462

Citing Cases

People v. Voss

Contrary to defendant's argument, the radio transmission clearly indicated that defendant was a suspect…

People v. Torres

Defendant's suppression motion was properly denied. The police action in detaining defendant for a showup was…