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People v. Jackson

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1998
251 A.D.2d 349 (N.Y. App. Div. 1998)

Opinion

June 1, 1998

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


Ordered that the judgment is affirmed.

At the suppression hearing, Police Officer Darrell Nathan testified that the defendant was in the rear seat of an unlicensed livery cab which he pulled over during a routine traffic stop. After spotting a bag lying on the: floor of the cab, Officer Nathan asked the defendant if the bag belonged to him.

Contrary to the defendant's contention, the Supreme Court properly found that this single question was merely a request for information. Considering the surrounding circumstances, the question was sufficiently non-threatening and nonaccusatory so that a reasonable person would not thereby have considered himself to be suspected of criminal behavior ( see, People v. Hollman, 79 N.Y.2d 181; People v. De Bour, 40 N.Y.2d 210).

The defendant's remaining contention is without merit.

Ritter, J.P., Thompson, Altman and McGinity, JJ., concur.


Summaries of

People v. Jackson

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1998
251 A.D.2d 349 (N.Y. App. Div. 1998)
Case details for

People v. Jackson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GREGORY JACKSON…

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

Date published: Jun 1, 1998

Citations

251 A.D.2d 349 (N.Y. App. Div. 1998)
674 N.Y.S.2d 63

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