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People v. Moore

Appellate Division of the Supreme Court of New York, Second Department
Jun 30, 1997
240 A.D.2d 762 (N.Y. App. Div. 1997)

Opinion

June 30, 1997

Appeal from the County Court, Westchester County (Murphy, J.).


Ordered that the judgment is affirmed.

We reject the defendant's contention that there was no probable cause to arrest him. An experienced police officer saw two transactions within moments of each other, each of which involved the defendant receiving money in exchange for a small object in an area known for narcotics activity. Additionally, these activities took place after 1:00 A.M. in very cold weather, making it suspicious that the defendant was standing outside. Upon seeing the police, the defendant ran into an apartment building in an attempt to flee. Under the totality of the circumstances, the officer was clearly justified in concluding that a crime had been committed ( see, People v. Martinez, 80 N.Y.2d 444; People v. Bigelow, 66 N.Y.2d 417, 423; People v Bittner, 97 A.D.2d 33).

The defendant's remaining contention is without merit.

Thompson, J.P., Joy, Altman and Florio, JJ., concur.


Summaries of

People v. Moore

Appellate Division of the Supreme Court of New York, Second Department
Jun 30, 1997
240 A.D.2d 762 (N.Y. App. Div. 1997)
Case details for

People v. Moore

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EVAN MOORE, Appellant

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

Date published: Jun 30, 1997

Citations

240 A.D.2d 762 (N.Y. App. Div. 1997)
660 N.Y.S.2d 46

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