From Casetext: Smarter Legal Research

People v. Agyman

Appellate Division of the Supreme Court of New York, Second Department
May 31, 1994
204 A.D.2d 731 (N.Y. App. Div. 1994)

Opinion

May 31, 1994

Appeal from the Supreme Court, Kings County (Patterson, J.).


Ordered that the judgment is affirmed.

The information supplied to police officers in a face-to-face meeting with an unidentified informant, together with a police officer's observation of what appeared to be a bulge in the defendant's waistband, provided the police officers with a reasonable suspicion that the defendant had committed a crime involving a weapon (see, People v. Arthurs, 24 N.Y.2d 688; People v. Irizarry, 177 A.D.2d 457; People v. Sattan, 200 A.D.2d 640; People v. Price, 194 A.D.2d 634; People v. Thorne, 184 A.D.2d 797; People v. DeJesus, 169 A.D.2d 521; People v. Castro, 115 A.D.2d 433, affd 68 N.Y.2d 850). The reasonable suspicion justified not only the stop but the frisk (see, People v. Sattan, supra). "Since the lawful frisk produced a gun providing probable cause for the defendant's arrest" (People v. Thorne, supra, at 798), the court properly denied suppression. Furthermore, by pleading guilty, the defendant effectively waived appellate review of any alleged Rosario violations (see, People v. Sebastian, 197 A.D.2d 647; People v. West, 184 A.D.2d 743). Mangano, P.J., Thompson, O'Brien and Florio, JJ., concur.


Summaries of

People v. Agyman

Appellate Division of the Supreme Court of New York, Second Department
May 31, 1994
204 A.D.2d 731 (N.Y. App. Div. 1994)
Case details for

People v. Agyman

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KOFFIE AGYMAN…

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

Date published: May 31, 1994

Citations

204 A.D.2d 731 (N.Y. App. Div. 1994)
613 N.Y.S.2d 27

Citing Cases

People v. Vorhees

Therefore, any possible taint of the prior police conduct was dissipated ( see, People v. Mercado, 229 A.D.2d…

People v. Sledge

The mere fact that the officer approaches the suspect with his gun drawn does not transform an otherwise…