People v. Waite

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NEIL WAITE, Appellant

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

Date published: Jan 30, 1996

223 A.D.2d 501 (N.Y. App. Div. 1996)

637 N.Y.S.2d 98

Opinion

January 30, 1996

Appeal from the Supreme Court, New York County (Frederic Berman, J.).

Defendant's motion to suppress was properly denied. The radioed descriptions of the two perpetrators were sufficiently detailed and specific, and the temporal and spatial proximity of defendant and his companion to the time and place of the reported robbery were sufficiently close, to justify a reasonable belief that defendant and his companion were the persons described ( People v White, 183 A.D.2d 671, lv denied 80 N.Y.2d 911; People v Cook, 179 A.D.2d 572). We perceive no abuse of sentencing discretion.

Concur — Rosenberger, J.P., Wallach, Nardelli, Williams and Tom, JJ.