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People v. Winthrow

Appellate Division of the Supreme Court of New York, First Department
May 20, 1997
239 A.D.2d 264 (N.Y. App. Div. 1997)

Opinion

May 20, 1997

Appeal from the Supreme Court, New York County (Patricia Williams, J.).


Defendant's suppression motion was properly denied. The police had reasonable suspicion sufficient to stop defendant upon seeing him in a drug-prone neighborhood in possession of a softball-sized, cellophane-covered, white package, which the experienced officers recognized as indicative of cocaine, and which defendant quickly stuffed into his pocket upon sight of the officers, thereby negating any innocent interpretation of the package (see, People v. McRay, 51 N.Y.2d 594, 602; People v Alexander, 218 A.D.2d 284, 289, lv denied 88 N.Y.2d 964). Defendant's ensuing flight elevated the level of suspicion to probable cause ( People v. Shaw, 193 A.D.2d 390, lv denied 82 N.Y.2d 853).

Defendant's remaining argument is unpreserved ( People v Smith, 73 N.Y.2d 961), and we decline to review it in the interest of justice.

Concur — Rosenberger, J.P., Nardelli, Rubin and Williams, JJ.


Summaries of

People v. Winthrow

Appellate Division of the Supreme Court of New York, First Department
May 20, 1997
239 A.D.2d 264 (N.Y. App. Div. 1997)
Case details for

People v. Winthrow

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LASHAWN WINTHROW…

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

Date published: May 20, 1997

Citations

239 A.D.2d 264 (N.Y. App. Div. 1997)
658 N.Y.S.2d 15

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