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People v. Mosley

Court of Appeals of the State of New York
Oct 16, 1986
68 N.Y.2d 881 (N.Y. 1986)

Summary

In People v. Mosley, 68 N.Y.2d 881, 508 N.Y.S.2d 931, 501 N.E.2d 580 (1986), the Court of Appeals expanded a defendant's standing to allow a defendant to challenge the probable cause for his arrest based on the recovery of property recovered from another person, under certain circumstances.

Summary of this case from People v. Miller

Opinion

Decided October 16, 1986

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Archie Gorfinkel, J.

Karen M. Kalikow and Philip L. Weinstein for appellant.

Mario Merola, District Attorney (Michael R. Gordon of counsel), for respondent.


MEMORANDUM.

The order of the Appellate Division should be reversed, the motion to suppress granted, and the indictment dismissed.

At 10:15 P.M. on December 22, 1983, plain-clothed police officers in The Bronx observed defendant Mosley and two companions, Mackie and another, walking about 25 yards behind an elderly woman around three sides of a block before the woman crossed the street to enter an apartment. Defendant and his companions began to cross the street after her, but had turned back and continued on their way when the police officers pulled their cars in front of and behind the three and stopped them on the sidewalk. When a frisk of the trio revealed a starter pistol on Mackie, but nothing on the other two, the police arrested all three for possession of Mackie's weapon. A subsequent search of defendant at the police station yielded a .22 caliber pistol in defendant's pocket, not found in the earlier frisk. Following denial of a motion to suppress the weapon, defendant pleaded guilty to criminal possession of a weapon in the third degree.

The conduct observed by the arresting officers was equivocal, at best, and could not constitute the type of specific articulable facts necessary to justify the stop and frisk (see, People v De Bour, 40 N.Y.2d 210; People v Cantor, 36 N.Y.2d 106; People v Chapman, 95 A.D.2d 782). Thus, no probable cause existed for the subsequent arrest of defendant and the station house search that led to discovery of the pistol, and the motion to suppress this weapon should have been granted. Inasmuch as the People rely on the discovery of the starter pistol on Mackie as the basis for the arrest of defendant — that defendant constructively possessed the weapon concealed on Mackie's person — defendant has standing to contest the frisk of Mackie.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur in memorandum.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order reversed, etc.


Summaries of

People v. Mosley

Court of Appeals of the State of New York
Oct 16, 1986
68 N.Y.2d 881 (N.Y. 1986)

In People v. Mosley, 68 N.Y.2d 881, 508 N.Y.S.2d 931, 501 N.E.2d 580 (1986), the Court of Appeals expanded a defendant's standing to allow a defendant to challenge the probable cause for his arrest based on the recovery of property recovered from another person, under certain circumstances.

Summary of this case from People v. Miller

In People v Mosley (68 N.Y.2d 881, cert denied ___ US ___, 107 S Ct 3185), the defendant and two companions were stopped and frisked on the street by police who observed them engage in conduct which the Court of Appeals later found to be equivocal and insufficient to justify the stop.

Summary of this case from People v. Williams

In People v. Mosley (68 N.Y.2d 881), the court held that a defendant has standing to contest the stop and frisk of a person with whom he was walking down the street since the prosecution relied upon the discovery of a gun on the other person as the basis for arresting the defendant charging him with constructive possession of the weapon concealed on his companion.

Summary of this case from People v. Martinez
Case details for

People v. Mosley

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT MOSLEY…

Court:Court of Appeals of the State of New York

Date published: Oct 16, 1986

Citations

68 N.Y.2d 881 (N.Y. 1986)
508 N.Y.S.2d 931
501 N.E.2d 580

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