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People v. Thomas

Appellate Division of the Supreme Court of New York, Second Department
May 28, 2002
294 A.D.2d 607 (N.Y. App. Div. 2002)

Opinion

00-00624, 00-00625

Submitted April 18, 2002

May 28, 2002.

Lynn W. L. Fahey, New York, N.Y. (Joshua M. Levine of counsel), for appellant, and appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Daniel Schlachet of counsel; Kimberley C. Nielsen on the brief), for respondent.

ANITA R. FLORIO, J.P., WILLIAM D. FRIEDMANN, HOWARD MILLER, SANDRA L. TOWNES, JJ.


Appeals by the defendant from (1) a judgment of the Supreme Court, Queens County (McDonald, J.), rendered January 6, 2000, convicting him of robbery in the first degree, reckless endangerment in the first degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree (three counts), upon a jury verdict, and imposing sentence, and (2) a resentence of the same court, imposed January 11, 2000. The appeals bring up for review the denial, after a hearing (Rosenzweig, J.), of those branches of the defendant's omnibus motion which were to suppress physical evidence and statements he made to law enforcement authorities.


DECISION ORDER

ORDERED that the judgment and the resentence are affirmed.

Contrary to the defendant's contention, the police had reasonable suspicion to stop and frisk him based on a radio transmission providing a general description of the perpetrator of a crime and his location, the close proximity of the defendant to the site of the crime, the brief period of time between the crime and the discovery of the defendant near the location of the crime, and the detective's observation of the defendant, who matched the radio-transmitted description of the perpetrator (see People v. Lynch, 285 A.D.2d 518, 519, lv denied 96 N.Y.2d 940, cert denied ___ US ___, 2002 WL 1008728, 2002 U.S. LEXIS 3647 [May 20, 2002]; People v. Sharpe, 259 A.D.2d 639).

The defendant's contentions raised in his supplemental pro se brief are either unpreserved for appellate review or without merit.

FLORIO, J.P., FRIEDMANN, H. MILLER and TOWNES, JJ., concur.


Summaries of

People v. Thomas

Appellate Division of the Supreme Court of New York, Second Department
May 28, 2002
294 A.D.2d 607 (N.Y. App. Div. 2002)
Case details for

People v. Thomas

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. DERRICK THOMAS, APPELLANT

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

Date published: May 28, 2002

Citations

294 A.D.2d 607 (N.Y. App. Div. 2002)
743 N.Y.S.2d 280

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