From Casetext: Smarter Legal Research

People v. Batash

Appellate Division of the Supreme Court of New York, Second Department
Jul 9, 1990
163 A.D.2d 399 (N.Y. App. Div. 1990)

Opinion

July 9, 1990

Appeal from the Supreme Court, Queens County (Friedmann, J.).


Ordered that the judgments are affirmed.

The defendant contends that an anonymous tip, which gave the make, license plate number, and color of a car allegedly involved in a drug-related armed robbery, was insufficient to justify the action taken by the police. Where the information conveyed is so specific and congruous with that which is actually encountered, the police may reasonably infer its reliability so as to support a reasonable suspicion justifying intrusive police action and even a protective pat down (see, People v. Benjamin, 51 N.Y.2d 267; People v. Gray, 154 A.D.2d 301; People v. Olsen, 93 A.D.2d 824). In this case the police officers noticed a vehicle that bore the exact license plate number and was of the same make as the information conveyed by the informant. As the police were identifying themselves and approaching the vehicle, one of its occupants stepped out and began to run down the block. One of the officers apprehended this occupant and the other two officers told the other two occupants of the car to place their hands on the dashboard. The defendant instead "grabbed" a paper bag containing a .38 caliber revolver beneath his seat. The police were justified in taking reasonable measures in response to "factors rapidly developing or observed at the scene" (People v Benjamin, supra, at 270). Considering the totality of the circumstances, including the specific anonymous tip and the factors observed at the scene, there was an ample measure of reasonable suspicion necessary to justify the limited intrusion that produced the loaded revolver. Thompson, J.P., Rubin, Rosenblatt and Miller, JJ., concur.


Summaries of

People v. Batash

Appellate Division of the Supreme Court of New York, Second Department
Jul 9, 1990
163 A.D.2d 399 (N.Y. App. Div. 1990)
Case details for

People v. Batash

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS BATASH…

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

Date published: Jul 9, 1990

Citations

163 A.D.2d 399 (N.Y. App. Div. 1990)
559 N.Y.S.2d 658

Citing Cases

People v. Santiago

Contrary to the defendant's contention, the County Court properly denied suppression of the "pouch" that the…

People v. Samuel

Ordered that the judgment is affirmed. Contrary to the defendant's contention, the Supreme Court properly…