From Casetext: Smarter Legal Research

People v. Abad

Appellate Division of the Supreme Court of New York, First Department
Jan 18, 2001
279 A.D.2d 358 (N.Y. App. Div. 2001)

Opinion

January 18, 2001.

Judgment, Supreme Court, New York County (Bonnie Wittner, J. at hearing; Micki Scherer, J. at plea and sentence), rendered March 31, 1999, convicting defendant of criminal possession of a controlled substance in the third degree, and sentencing him to a term of 1 to 3 years, unanimously affirmed.

Patricia Curran for respondent.

Toni H.K. Chan for defendant-appellant.

Before: Nardelli, J.P., Rubin, Saxe, Friedman, JJ.


Defendant's suppression motion was properly denied. The police officer, conducting a "vertical patrol" of a residential building known for drug activity which posted "no trespassing" signs in the lobby, had an objective credible reason to ask defendant his reason for being in the building, particularly since another individual who had entered the building at the same time as defendant had just been found to be a trespasser and placed under arrest (see, People v. Babarcich, 166 A.D.2d 655, lv denied 76 N.Y.2d 1019; see also, People v. Tinort, 272 A.D.2d 206, lv denied 95 N.Y.2d 872; People v. Melton, 260 A.D.2d 242,lv denied 93 N.Y.2d 1006). Viewing the arguments of counsel and the hearing court's ruling as a whole, we conclude that the question whether the police approach was justified as a Level-I request for information is properly before this Court. Since, as the People correctly argued at the hearing, the police inquiry was nonthreatening, it constituted a Level-I intrusion (see, People v. Hollman, 79 N.Y.2d 181, 185). When defendant gave patently false answers to the officer`s inquiry, the officer was justified in arresting defendant for trespassing and the evidence which defendant sought to suppress was properly obtained pursuant to his lawful arrest.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Abad

Appellate Division of the Supreme Court of New York, First Department
Jan 18, 2001
279 A.D.2d 358 (N.Y. App. Div. 2001)
Case details for

People v. Abad

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT v. GREGORIO ABAD…

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

Date published: Jan 18, 2001

Citations

279 A.D.2d 358 (N.Y. App. Div. 2001)
719 N.Y.S.2d 86

Citing Cases

People v. Bazile

( In re Daniel B, 2 AD3d 440, 441 [2d Dept 2003]; People v Taveras, 2007 NY Slip Op 52067U, 6 [Crim Ct New…

People v. Williams

When the police officers who were detaining defendant learned that the burglary was confirmed, they then had…