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People v. Solomon

Appellate Division of the Supreme Court of New York, First Department
Sep 24, 1998
253 A.D.2d 692 (N.Y. App. Div. 1998)

Summary

concluding that "defendant was not in his 'place of business' when he stood on the street corner near his cab" without addressing issue of whether taxicab is place of business

Summary of this case from State v. Lutters

Opinion

September 24, 1998

Appeal from the Supreme Court, New York County (Daniel FitzGerald, J.).


Defendant's suppression motion was properly denied. We see no reason to disturb the court's credibility determinations, which are supported by the record ( see, People v. Prochilo, 41 N.Y.2d 759, 761). The court's instruction on the "place of business" exception of Penal Law § 265.02 (4) was correct. Defendant was not in his "place of business" when he stood on the street corner near his cab, ostensibly waiting to escort a customer to the cab ( People v. Figueroa, 207 A.D.2d 670; see also, People v. Powell, 54 N.Y.2d 524, 531; People v. Buckmire, 237 A.D.2d 151, 152, lv denied 90 N.Y.2d 902).

We perceive no abuse of sentencing discretion and find that the sentence was not based on any inappropriate criteria.

Concur — Lerner, P. J., Milonas, Wallach and Rubin, JJ.


Summaries of

People v. Solomon

Appellate Division of the Supreme Court of New York, First Department
Sep 24, 1998
253 A.D.2d 692 (N.Y. App. Div. 1998)

concluding that "defendant was not in his 'place of business' when he stood on the street corner near his cab" without addressing issue of whether taxicab is place of business

Summary of this case from State v. Lutters
Case details for

People v. Solomon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT SOLOMON, Also…

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

Date published: Sep 24, 1998

Citations

253 A.D.2d 692 (N.Y. App. Div. 1998)
679 N.Y.S.2d 97

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