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People v. Crawford

Appellate Division of the Supreme Court of New York, First Department
Jan 4, 2001
279 A.D.2d 267 (N.Y. App. Div. 2001)

Opinion

January 4, 2001.

Judgment, Supreme Court, New York County (Bonnie Wittner, J. at hearing; Leona Leo, J. at jury trial and sentence), rendered October 21, 1998, convicting defendant of criminal possession of a controlled substance in the fourth degree, and sentencing him, as a second felony offender, to a term of 4 to 8 years, unanimously affirmed.

Jaime Bachrach, for respondent.

Catherine M. Ugeux, for defendant-appellant.

Before: Rosenberger, J.P., Nardelli, Ellerin, Wallach, Rubin, JJ.


Defendant's motion to suppress the narcotics recovered from his person was properly denied. The officer entered a drug-prone building for which the owner had executed a "trespass affidavit", requesting police assistance in removing intruders. Defendant, upon exiting the ground floor apartment, looked at the officer and started walking up the staircase, whereupon he abruptly reversed course. The officer, therefore, had an "objective credible reason" to ask defendant whether he lived there (see, People v. Greene, 271 A.D.2d 235, lv denied 95 N.Y.2d 853; see also, People v. Tinort, 272 A.D.2d 206, lv denied 95 N.Y.2d 872 [August 11, 2000], 2000 N Y LEXIS 3232). When defendant claimed to have been visiting a friend in a second floor apartment, and, after defendant voluntarily accompanied the police to that apartment, its occupant denied that defendant had been there, the officer had probable cause to arrest defendant for criminal trespass.

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


Summaries of

People v. Crawford

Appellate Division of the Supreme Court of New York, First Department
Jan 4, 2001
279 A.D.2d 267 (N.Y. App. Div. 2001)
Case details for

People v. Crawford

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. BARRY CRAWFORD…

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

Date published: Jan 4, 2001

Citations

279 A.D.2d 267 (N.Y. App. Div. 2001)
719 N.Y.S.2d 18

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