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People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
May 11, 1987
130 A.D.2d 596 (N.Y. App. Div. 1987)

Opinion

May 11, 1987

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


Ordered that the judgments are affirmed.

The record establishes that the People sustained their burden of coming forward with sufficient evidence to establish that the seizure of the defendant was constitutional.

As the police officers had a reasonable suspicion that the defendant was engaged in conduct in violation of law, the stop of the automobile was permissible (see, People v. Rosario, 94 A.D.2d 329, 332; see also, People v. Sobotker, 43 N.Y.2d 559, 563; People v. Ingle, 36 N.Y.2d 413; People v. Finlayson, 76 A.D.2d 670, lv denied 51 N.Y.2d 1011, cert denied 450 U.S. 931). Once the automobile had been lawfully stopped, the officers' observations warranted the seizure of a gun and ammunition which were in plain view (see, People v. Messam, 112 A.D.2d 449). Mangano, J.P., Niehoff, Weinstein and Kunzeman, JJ., concur.


Summaries of

People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
May 11, 1987
130 A.D.2d 596 (N.Y. App. Div. 1987)
Case details for

People v. Rodriguez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LOUIS RODRIGUEZ…

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

Date published: May 11, 1987

Citations

130 A.D.2d 596 (N.Y. App. Div. 1987)

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