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People v. Campbell

Appellate Division of the Supreme Court of New York, First Department
Apr 25, 2002
740 N.Y.S.2d 619 (N.Y. App. Div. 2002)

Opinion

861

April 25, 2002.

Judgment, Supreme Court, Bronx County (Robert Cohen, J.), rendered May 28, 1999, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him, as a second violent felony offender, to a term of 2½ to 5 years, unanimously affirmed.

Andrew N. Sacher, for respondent.

Annamatesha N. Beason, for defendant-appellant.

Before: Mazzarelli, J.P., Saxe, Sullivan, Wallach, Lerner, JJ.


Defendant's suppression motion was properly denied. The record supports the court's determination that, in the course of a valid traffic stop, defendant's sudden placement of his hand behind his back was sufficiently suspicious to warrant the officer's minimal intrusion (see, People v. DeBour, 40 N.Y.2d 210, 221; see also,People v. Cruz, 43 N.Y.2d 786) of placing his own hand on defendant's back to prevent him from possibly drawing a weapon. When defendant turned away from the officer, the officer's hand slipped down defendant's back to the waistband area, resulting in the officer's accidental feeling of a hard object that the officer recognized to be a pistol. The officer's instinctive self-protective action was not a frisk, nor even an attempt to ascertain whether a weapon was present (see, People v. Chin, 192 A.D.2d 413, lv denied 81 N.Y.2d 1071).

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


Summaries of

People v. Campbell

Appellate Division of the Supreme Court of New York, First Department
Apr 25, 2002
740 N.Y.S.2d 619 (N.Y. App. Div. 2002)
Case details for

People v. Campbell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. TONY CAMPBELL…

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

Date published: Apr 25, 2002

Citations

740 N.Y.S.2d 619 (N.Y. App. Div. 2002)
740 N.Y.S.2d 619

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