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People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
May 26, 1998
250 A.D.2d 866 (N.Y. App. Div. 1998)

Opinion

May 26, 1998

Appeal from the County Court, Rockland County (Nelson, J.).


Ordered that the judgment is affirmed.

The hearing court properly refused to suppress physical evidence seized from the defendant. The undisputed circumstances gave the police officers a reasonable suspicion that criminal activity was afoot (see, People v. Hollman, 79 N.Y.2d 181; People v. De Bour, 40 N.Y.2d 210), and the brief detention and transportation of the defendant to the nearby crime scene was a reasonable means of quickly confirming or dispelling the officers' suspicions (see, People v. Hicks, 68 N.Y.2d 234; People v. Pagan, 173 A.D.2d 744).

Because the defendant did not pay restitution by the time the sentence was imposed, the court did not err in requiring him to make restitution and pay a mandatory surcharge and crime victim assistance fee (see, Penal Law § 60.35; People v. Cabrera, 243 A.D.2d 720).

Bracken, J.P., O'Brien, Copertino and Altman, JJ., concur.


Summaries of

People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
May 26, 1998
250 A.D.2d 866 (N.Y. App. Div. 1998)
Case details for

People v. Rodriguez

Case Details

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

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

Date published: May 26, 1998

Citations

250 A.D.2d 866 (N.Y. App. Div. 1998)
672 N.Y.S.2d 798

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