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People v. Cummings

Appellate Division of the Supreme Court of New York, Second Department
Dec 15, 1997
245 A.D.2d 462 (N.Y. App. Div. 1997)

Opinion

December 15, 1997

Appeal from the Supreme Court, Kings County (Lipp, J.).


Ordered that the judgment is affirmed.

Under the circumstances of this case, the police had a reasonable suspicion sufficient to justify the stop of the taxi cab containing the defendant and the codefendant ( see generally, People v. Hicks, 68 N.Y.2d 234; People v. May, 81 N.Y.2d 725, 727). To determine whether reasonable suspicion existed, the court must examine the knowledge possessed by the police at the moment of detention and any reasonable inferences to be drawn therefrom ( see, People v. De Bour, 40 N.Y.2d 210, 216). The evidence concerning (1) the description of the perpetrators; (2) the 13-year-old directing the police to the building into which the perpetrators had run; (3) the defendant's and the codefendant's nervous behavior as they exited that building; and (4) the taxicab driver's facial expressions to the police indicating his concern with the defendant's and the codefendant's presence in his taxicab, all combined to justify the officers' reasonable suspicion that a crime had been committed and that the defendant and his codefendant were the perpetrators.

The defendant's remaining contentions are without merit.

Mangano, P.J., Rosenblatt, Pizzuto and Luciano, JJ., concur.


Summaries of

People v. Cummings

Appellate Division of the Supreme Court of New York, Second Department
Dec 15, 1997
245 A.D.2d 462 (N.Y. App. Div. 1997)
Case details for

People v. Cummings

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD CUMMINGS…

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

Date published: Dec 15, 1997

Citations

245 A.D.2d 462 (N.Y. App. Div. 1997)
666 N.Y.S.2d 659

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