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People v. Johnson

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 16, 1983
98 A.D.2d 952 (N.Y. App. Div. 1983)

Opinion

December 16, 1983

Appeal from the Monroe County Court, Barr, J.

Present — Hancock, Jr., J.P., Callahan, Boomer, Green and Schnepp, JJ.


Judgment unanimously affirmed. Memorandum: Defendant, a known burglar, was observed by the police shortly before noon walking and looking at houses in a neighborhood which had a "rash" of recent daytime burglaries. These circumstances aroused the interest of the officers and justified a brief limited inquiry (see People v. Carrasquillo, 54 N.Y.2d 248; People v Howard, 50 N.Y.2d 583; People v. De Bour, 40 N.Y.2d 210). The totality of evidence supports County Court's finding that defendant thereafter voluntarily consented to accompany the police and defendant's suppression motion was properly denied (see United States v. Mendenhall, 446 U.S. 544; People v Morales, 42 N.Y.2d 129, 137-138, cert den 434 U.S. 1018; People v Munro, 86 A.D.2d 683; see, also, United States v. Watson, 423 U.S. 411).


Summaries of

People v. Johnson

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 16, 1983
98 A.D.2d 952 (N.Y. App. Div. 1983)
Case details for

People v. Johnson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WAYNE JOHNSON…

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

Date published: Dec 16, 1983

Citations

98 A.D.2d 952 (N.Y. App. Div. 1983)

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