8 Cited authorities

  1. People v. Torres

    74 N.Y.2d 224 (N.Y. 1989)   Cited 201 times   3 Legal Analyses
    In People v. Torres (74 N.Y.2d 224, 226), we explained that "[a] police officer acting on reasonable suspicion that criminal activity is afoot and on an articulable basis to fear for his own safety may intrude upon the person or personal effects of the suspect only to the extent that is actually necessary to protect himself from harm."
  2. People v. Robinson

    74 N.Y.2d 773 (N.Y. 1989)   Cited 199 times

    Argued May 31, 1989 Decided July 11, 1989 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, William Garry, J. Amy Donner and Philip L. Weinstein for appellant. Elizabeth Holtzman, District Attorney (Elizabeth S. Ostrow and Barbara D. Underwood of counsel), for respondent. MEMORANDUM. The order of the Appellate Division affirming the judgment of conviction and the denial of suppression should be affirmed. The Fourth Amendment of the United States Constitution

  3. People v. Carvey

    89 N.Y.2d 707 (N.Y. 1997)   Cited 77 times
    In Carvey, the bulletproof vest, combined with the defendant's act of furtively placing something under his seat — which implied that the gun was previously held at ready — was sufficient to justify the protective search because it suggested "more than the presence of a deadly weapon — it demonstrate[d] [the defendant's] readiness and willingness to use a deadly weapon" (89 NY2d at 712).
  4. People v. William

    98 N.Y.2d 93 (N.Y. 2002)   Cited 64 times
    In People v William II (98 NY2d 93 [2002]), the police received an anonymous call indicating a man named "Will" had just been involved in a drive-by shooting.
  5. People v. Packer

    49 A.D.3d 184 (N.Y. App. Div. 2008)   Cited 32 times
    In Packer, we noted that "this State's courts have categorically rejected prosecutorial reliance on consent to validate otherwise impermissible searches when consent was given in consequence of improperly initiated police inquiry or intrusion" (49 AD3d at 187).
  6. People v. Anderson

    17 A.D.3d 166 (N.Y. App. Div. 2005)   Cited 24 times
    In People v Anderson (17 AD3d 166), the police stopped the vehicle defendant was driving because the vehicle "ma[d]e an illegal U-turn in the face of an obvious police presence, in an apparent attempt to avoid an encounter with the officers" (17 AD3d at 168).
  7. People v. Vehap

    234 A.D.2d 210 (N.Y. App. Div. 1996)   Cited 7 times

    December 31, 1996. Judgment, Supreme Court, New York County (Mary McGowan Davis, J., at trial; Bonnie Wittner, J., at suppression hearing), rendered March 2, 1994, convicting defendant, after a jury trial, of two counts of criminal possession of a weapon in the third degree, and sentencing him, as a second violent felony offender, to concurrent terms of 3½ to 7 years, unanimously affirmed. Before: Sullivan, J.P., Rosenberger, Kupferman, Tom and Mazzarelli, JJ. Defendant's white Jeep with dark-tinted

  8. People v. Pena

    155 A.D.2d 310 (N.Y. App. Div. 1989)   Cited 6 times

    November 16, 1989 Appeal from the Supreme Court, New York County, Harold J. Rothwax, J., Joan B. Carey, J. Pena and codefendant Mauricio Osorio were convicted in connection with the August 20, 1987 theft of radio equipment from John and Thomas Ridley and with shortly thereafter threatening John Ridley with a gun when the Ridleys demanded the return of this property. Charges against a third codefendant Freddie Mejia were dismissed upon the People's motion at trial. On May 16, 1989, this court affirmed