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People v. Cruz

Court of Appeals of the State of New York
Dec 15, 1977
373 N.E.2d 281 (N.Y. 1977)

Opinion

Argued November 18, 1977

Decided December 15, 1977

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, LEON B. POLSKY, J.

Robert M. Morgenthau, District Attorney (Susan K. Wasserman, Peter L. Zimroth and Robert M. Pitler of counsel), for appellant.

Hal R. Lieberman and William E. Hellerstein for respondent.


MEMORANDUM.

The order of the Appellate Division should be reversed, the conviction reinstated, and the case remitted to the Appellate Division for review of the facts.

The observations made by the police and the defendant's furtive movements as the police approached were sufficient to warrant inquiry (People v De Bour, 40 N.Y.2d 210). Under the circumstances we cannot say that it was unreasonable for the officers to focus their inquiry on the contents of the defendant's hand and therefore to ask that he remove the bottle which he held as they approached. Removal of the bag of heroin from the defendant's pocket was reasonably contemporaneous with his arrest for possession of the heroin previously found in his hand (People v Evans, 43 N.Y.2d 160). Accordingly, the trial court could have properly concluded that the motion to suppress the evidence should have been denied.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

Order reversed, the conviction reinstated and the case remitted to the Appellate Division, First Department, for further proceedings in accordance with the memorandum herein.


Summaries of

People v. Cruz

Court of Appeals of the State of New York
Dec 15, 1977
373 N.E.2d 281 (N.Y. 1977)
Case details for

People v. Cruz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. DEMETRIO CRUZ…

Court:Court of Appeals of the State of New York

Date published: Dec 15, 1977

Citations

373 N.E.2d 281 (N.Y. 1977)
373 N.E.2d 281
402 N.Y.S.2d 387

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