Opinion
8112 Ind. 1332/15
01-15-2019
The PEOPLE of the State of New York, Respondent, v. Anthony BARRETT, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Allen Fallek of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Beth Fisch Cohen of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Allen Fallek of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Beth Fisch Cohen of counsel), for respondent.
Sweeny, J.P., Richter, Kapnick, Gesmer, Kern, JJ.
Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered October 27, 2015, convicting defendant, after a nonjury trial, of criminal trespass in the second degree, and sentencing him to a term of one year, unanimously affirmed.
The court properly denied defendant's suppression motion. Defendant approached a police officer and began a conversation, during which defendant volunteered facts that would support an inference that he had committed a larceny. Moreover, defendant's demeanor and evasive answers to the officer's questions raised the officer's level of suspicion. Accordingly, the officer had, at least, a founded suspicion of criminality that justified his common-law inquiry requesting additional information, including asking defendant to show the officer a package he had been carrying (see e.g. People v. Perez, 142 A.D.3d 410, 414–415, 37 N.Y.S.3d 243 [1st Dept. 2016], affd 31 N.Y.3d 964, 73 N.Y.S.3d 508, 96 N.E.3d 772 [2018] ).