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People v. Jones

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1995
221 A.D.2d 998 (N.Y. App. Div. 1995)

Opinion

November 15, 1995

Appeal from the Monroe County Court, Marks, J.

Present — Pine, J.P., Lawton, Wesley, Callahan and Doerr, JJ.


Judgment unanimously affirmed. Memorandum: County Court properly denied defendant's suppression motion. Based on the information received from complainant, the police officer had an objective credible reason to follow defendant and ask him to stop (see, People v Reyes, 83 N.Y.2d 945, 946, cert denied ___ US ___, 115 S Ct 492; People v Bora, 83 N.Y.2d 531). By dropping a small change purse containing 30 plastic baggies of cocaine, defendant effectively abandoned it (see, People v Sierra, 83 N.Y.2d 928, 930). The contents of the change purse, coupled with the information received from complainant, provided the police officer with reasonable suspicion to justify detaining defendant for purposes of a showup identification (see, People v Hicks, 68 N.Y.2d 234). The ensuing showup was not unduly suggestive (see, People v Clark, 85 N.Y.2d 886). The subsequent seizure of tangible property from defendant was authorized as a search incident to a lawful arrest (see, People v Barclay, 201 A.D.2d 952).

We have reviewed the remaining issue advanced by defendant and conclude that it is without merit.


Summaries of

People v. Jones

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1995
221 A.D.2d 998 (N.Y. App. Div. 1995)
Case details for

People v. Jones

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES JONES, Appellant

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

Date published: Nov 15, 1995

Citations

221 A.D.2d 998 (N.Y. App. Div. 1995)
633 N.Y.S.2d 893

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