People v. Beltre

1 Citing case

  1. People v. Lee

    193 A.D.2d 529 (N.Y. App. Div. 1993)   Cited 3 times

    While the defendant in this case did indeed meet exactly the description relayed from Philadelphia, that fact, without more, is not sufficient to establish the necessary reasonable suspicion under the circumstances here present. Generally, those cases in which the congruity of a description has been found sufficient to justify an arrest have involved anonymous telephone tips in which the caller has reported that the very person described is, almost contemporaneously, committing a crime and/or carrying a weapon (see, e.g., People v Salaman, supra; People v McLaurin, supra; People v Stroller, supra; People v Stewart, supra; People v Beltre, 179 A.D.2d 353; People v Ball, 121 A.D.2d 551, lv denied 68 N.Y.2d 767). In such a situation, the fact that the caller's description is accurate and that he or she has pinpointed the location of the person described may sufficiently imply that the caller has actually witnessed the weapon and thereby increases the probability that the rest of the report is accurate.