Opinion

People v. Brown

  • 254 A.D.2d 88
  • 678 N.Y.S.2d 620
  • 1998 N.Y. App. Div. LEXIS 10676
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Oct 13, 1998
Status
Published
Cited by
6 cases
Authority
More cited than 75.7%

The opinion

—Judgment, Supreme Court, New York County (William Wetzel, J.), rendered December 3,1996, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him to a determinate term of 5 years, unanimously affirmed.

The hearing court properly denied defendant’s motion to suppress. Defendant was lawfiilly stopped and detained by the police based on his resemblance, along with his two companions, to the sufficiently detailed joint description of the perpetrators of a robbery as described by the victim, and his close proximity to the crime scene within 10 to 20 minutes after the crime occurred (see, People v Morales, 246 AD2d 396 , lv denied 91 NY2d 943 ). The complainant’s subsequent identification of defendant provided the police with probable cause to arrest and frisk him. Concur — Lerner, P. J., Sullivan, Mazzarelli, Andrias and Saxe, JJ.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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