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People v. Valentine

Appellate Division of the Supreme Court of New York, First Department
Sep 17, 1998
253 A.D.2d 680 (N.Y. App. Div. 1998)

Opinion

September 17, 1998

Appeal from the Supreme Court, Bronx County (Harold Silverman, J., at hearing; Robert Straus, J., at jury trial and sentencing).


The court properly denied defendant's suppression motion. The observation by anti-crime unit officers of a livery cab containing the unusual seating arrangement of three men in the front and two men in the back, coupled with the officer's observation of a struggle in the front seat of the cab, during which the man seated in the middle, with his hat pulled down over his face, was attempting to fight off one of the other men, justified the officers' reasonable suspicion that a crime had been committed or was about to be committed ( People v. Ferguson, 249 A.D.2d 168; People v. Brantley, 235 A.D.2d 546; People v. Heron, 185 A.D.2d 859, lv denied 80 N.Y.2d 1027). Based upon these observations, the stop of the cab was proper.

Concur — Rosenberger, J. P., Ellerin, Nardelli and Williams, JJ.


Summaries of

People v. Valentine

Appellate Division of the Supreme Court of New York, First Department
Sep 17, 1998
253 A.D.2d 680 (N.Y. App. Div. 1998)
Case details for

People v. Valentine

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS VALENTINE…

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

Date published: Sep 17, 1998

Citations

253 A.D.2d 680 (N.Y. App. Div. 1998)
677 N.Y.S.2d 566

Citing Cases

People v. Thomas

e cases cited by the People in support of the stop are distinguishable. In (i) People v Heron (185 AD2d 859),…

People v. Thomas

the People in support of the stop are distinguishable. In (i) People v. Heron ( 185 A.D.2d 859), the…