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People v. Joseph

Appellate Division of the Supreme Court of New York, First Department
Sep 30, 2004
10 A.D.3d 580 (N.Y. App. Div. 2004)

Opinion

4153

September 30, 2004.

Before: Nardelli, J.P., Andrias, Ellerin, Gonzalez and Catterson, JJ.


Judgment, Supreme Court, New York County (Bernard J. Fried, J.), rendered September 6, 2002, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the first degree, and sentencing him to a term of 15 years to life, unanimously affirmed.

The court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations, which are supported by the record ( see People v. Prochilo, 41 NY2d 759, 761). The officer's observation, that the passenger in defendant's vehicle appeared to be the same person as the murder suspect depicted in a wanted poster, furnished reasonable suspicion upon which to stop defendant's vehicle ( see United States v. Hensley, 469 US 221, 231). The record establishes that there was a sufficiently close resemblance between defendant's passenger and the person wanted for murder so as to provide the requisite reasonable suspicion.


Summaries of

People v. Joseph

Appellate Division of the Supreme Court of New York, First Department
Sep 30, 2004
10 A.D.3d 580 (N.Y. App. Div. 2004)
Case details for

People v. Joseph

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NOAH JOSEPH, Appellant

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

Date published: Sep 30, 2004

Citations

10 A.D.3d 580 (N.Y. App. Div. 2004)
782 N.Y.S.2d 89

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