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People v. Gonzalez

Court of Appeals of the State of New York
Feb 19, 1998
692 N.E.2d 557 (N.Y. 1998)

Opinion

Decided February 19, 1998

Appeal from Appellate Division of the Supreme Court in the First Judicial Department.

Robert M. Morgenthau, District Attorney of New York County, New York City ( Deborah L. Morse and Susan Gliner of counsel), for appellant.

Fasulo, Freidson Joyce, New York City ( Patrick Joyce of counsel), for respondent.


MEMORANDUM.

The order of the Appellate Division should be reversed and the motion to suppress denied.

The record in this case permits only the following inferences to be drawn from the unrefuted, unchallenged and fully credited testimony of the sole witness at the suppression hearing: that the officers who initially stopped defendant were part of the arresting detective's "buy and bust" team and heard the reports transmitted by their fellow officers over the radio ( see, People v. Mims [decided under the lead heading of People v. Ramirez], 88 N.Y.2d 99, 113-114); that the officers who initially stopped defendant at least had reasonable suspicion to detain defendant for a confirmatory identification; and that the detective who ultimately arrested defendant, and who searched defendant only after a confirmatory identification, had probable cause to make the arrest.

In light of this disposition, we need not reach the People's remaining argument.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals ( 22 NYCRR 500.4), order reversed and defendant's motion to suppress denied in a memorandum.


Summaries of

People v. Gonzalez

Court of Appeals of the State of New York
Feb 19, 1998
692 N.E.2d 557 (N.Y. 1998)
Case details for

People v. Gonzalez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ELIZABETH GONZALEZ…

Court:Court of Appeals of the State of New York

Date published: Feb 19, 1998

Citations

692 N.E.2d 557 (N.Y. 1998)
692 N.E.2d 557
669 N.Y.S.2d 526

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