From Casetext: Smarter Legal Research

People v. Cabrera

Appellate Division of the Supreme Court of New York, First Department
Jun 20, 1995
216 A.D.2d 126 (N.Y. App. Div. 1995)

Opinion

June 20, 1995

Appeal from the Supreme Court, New York County (James Leff, J.).


The People concede and we agree that defendant's motion to suppress should have been granted. A radio message of anonymous origin, consisting only of "shots fired * * * four male Hispanics" at a particular location, justified no more than a common-law inquiry ( see, People v. Benjamin, 51 N.Y.2d 267, 270), and certainly did not permit a search of the vehicle occupied by defendant and three other men, especially after the four men had been forcibly removed and separated from the car and frisked without results ( People v. Torres, 74 N.Y.2d 224).

Concur — Kupferman, J.P., Ross, Asch, Nardelli and Tom, JJ.


Summaries of

People v. Cabrera

Appellate Division of the Supreme Court of New York, First Department
Jun 20, 1995
216 A.D.2d 126 (N.Y. App. Div. 1995)
Case details for

People v. Cabrera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM CABRERA…

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

Date published: Jun 20, 1995

Citations

216 A.D.2d 126 (N.Y. App. Div. 1995)
629 N.Y.S.2d 390