From Casetext: Smarter Legal Research

People v. Brinson

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 4, 1994
201 A.D.2d 945 (N.Y. App. Div. 1994)

Opinion

February 4, 1994

Appeal from the Ontario County Court, Henry, Jr., J.

Present — Denman, P.J., Green, Balio, Lawton and Boehm, JJ.


Judgment unanimously affirmed. Memorandum: We reject the contention that County Court erred in refusing to suppress evidence obtained during a search of defendant's vehicle. The detailed information obtained from a reliable informant, together with the knowledge and observations of the police, constituted reasonable suspicion authorizing a stop of the vehicle. Further, defendant's voluntary consent obviates the need for a showing of probable cause to justify the search of the vehicle (see, People v. Hodge, 44 N.Y.2d 553, 559) or the need to obtain a warrant (see, People v Gonzalez, 39 N.Y.2d 122, 127). The court did not err in failing to conduct a Darden hearing (see, People v. Darden, 34 N.Y.2d 177). Defendant did not request such a hearing, and, in any event, the identity of the informant was disclosed.

There is no merit to defendant's assertion that the trial court's reasonable doubt instruction improperly shifted the burden of proof (see, People v. Miller, 199 A.D.2d 1095; People v Zebrowski, 198 A.D.2d 716). Defendant's contentions that the trial court improperly marshalled the evidence and that the proof is legally insufficient to support the verdict likewise lack merit. We further conclude that the verdict is not contrary to the weight of evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495).


Summaries of

People v. Brinson

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 4, 1994
201 A.D.2d 945 (N.Y. App. Div. 1994)
Case details for

People v. Brinson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TOMMY L. BRINSON…

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

Date published: Feb 4, 1994

Citations

201 A.D.2d 945 (N.Y. App. Div. 1994)
607 N.Y.S.2d 522

Citing Cases

People v. Wiggins

The court did not err in failing to hold a Darden hearing ( see, People v. Darden, 34 N.Y.2d 177, rearg…

People v. Valerio

The fact that the car was unregistered and illegally parked authorized the officers to impound it ( see,…