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People v. Harris

Appellate Division of the Supreme Court of New York, First Department
May 30, 1996
227 A.D.2d 354 (N.Y. App. Div. 1996)

Opinion

May 30, 1996

Appeal from the Supreme Court, New York County (Juanita Bing Newton, J.).


The hearing court properly denied defendant's motion to suppress the physical evidence. The police approach of defendant in the bus terminal and the detective's initial encounter with defendant to request information was justified by defendant's match with the anonymous tip giving a general description of, inter alia, a drug courier and the bag in which he was said to be transporting cocaine ( see, People v. De Bour, 40 N.Y.2d 210, 223). When defendant denied having luggage, which was contrary to the detective's own observations, the detective's ensuing inquiry as to whether defendant owned the bag stored in the bus cargo hold was permissible as a common-law right of inquiry, and defendant's denial of ownership constituted an abandonment ( supra; People v. Hollman, 79 N.Y.2d 181, 193-194).

We have considered defendant's remaining arguments and find them to be without merit.

Concur — Sullivan, J.P., Ellerin, Rubin and Tom, JJ.


Summaries of

People v. Harris

Appellate Division of the Supreme Court of New York, First Department
May 30, 1996
227 A.D.2d 354 (N.Y. App. Div. 1996)
Case details for

People v. Harris

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVE HARRIS, Appellant

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

Date published: May 30, 1996

Citations

227 A.D.2d 354 (N.Y. App. Div. 1996)
643 N.Y.S.2d 88