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People v. Rodriguez [1st Dept 1999

Appellate Division of the Supreme Court of New York, First Department
Oct 7, 1999
265 A.D.2d 181 (N.Y. App. Div. 1999)

Opinion

October 7, 1999

Erica M. Fitzgerald, for Respondent.

Susan J. Horwitz, for Defendant-Appellant.

ROSENBERGER, J.P., TOM, MAZZARELLI, LERNER, FRIEDMAN, JJ.


Judgment, Supreme Court, Bronx County (Gerald Sheindlin, J.), rendered October 5, 1989, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the first degree, and sentencing him to a term of 15 years to life, unanimously affirmed.

The record supports the court's finding that the stop of the livery cab in which defendant was a passenger was justified by the officer's reasonable interpretation of the cab driver's subtle eye signal towards his passenger, along with a hand gesture, as a distress signal and request for police assistance (see, People v. Otero, 255 A.D.2d 158, lv denied 92 N.Y.2d 1052; People v. Damaceno, 214 A.D.2d 464, lv denied 86 N.Y.2d 734; People v. Hampton, 197 A.D.2d 365,lv denied 82 N.Y.2d 925). The record also supports the court's determinations as to credibility.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Rodriguez [1st Dept 1999

Appellate Division of the Supreme Court of New York, First Department
Oct 7, 1999
265 A.D.2d 181 (N.Y. App. Div. 1999)
Case details for

People v. Rodriguez [1st Dept 1999

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OMERO RODRIGUEZ, etc.…

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

Date published: Oct 7, 1999

Citations

265 A.D.2d 181 (N.Y. App. Div. 1999)
696 N.Y.S.2d 42

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