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People v. Rivera

Appellate Division of the Supreme Court of New York, Second Department
Nov 10, 1986
124 A.D.2d 682 (N.Y. App. Div. 1986)

Opinion

November 10, 1986

Appeal from the Supreme Court, Kings County (Aronin, J.).


Ordered that judgment is affirmed.

The police officers' stop of the automobile occupied by the defendant and his codefendant was properly supported by reasonable suspicion (see, CPL 140.50; People v De Bour, 40 N.Y.2d 210, 223), in that the vehicle stopped matched the description given by bystanders of the burglars' vehicle in color, model and number of occupants (see, People v Landy, 59 N.Y.2d 369, 376; People v Allen, 112 A.D.2d 375; People v Pitt, 110 A.D.2d 723, cert denied ___ US ___, 106 S Ct 254); furthermore, the defendants' automobile was stopped in close proximity to the time and place of the burglary (see, People v Davidson, 110 A.D.2d 776). The officers' observation of a wallet, handbag, crowbar and screwdrivers in the car's interior elevated their level of suspicion to probable cause, justifying the police actions that followed.

The other claims are either without merit or do not require reversal in light of the overwhelming evidence of guilt. Mollen, P.J., Mangano, Niehoff and Weinstein, JJ., concur.


Summaries of

People v. Rivera

Appellate Division of the Supreme Court of New York, Second Department
Nov 10, 1986
124 A.D.2d 682 (N.Y. App. Div. 1986)
Case details for

People v. Rivera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM RIVERA…

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

Date published: Nov 10, 1986

Citations

124 A.D.2d 682 (N.Y. App. Div. 1986)

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