From Casetext: Smarter Legal Research

People v. Russ

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 29, 1995
219 A.D.2d 865 (N.Y. App. Div. 1995)

Opinion

September 29, 1995

Appeal from the Ontario County Court, Henry, Jr., J.

Present — Denman, P.J., Green, Fallon, Doerr and Balio, JJ.


Judgment unanimously affirmed. Memorandum: Defendant's appeal from a judgment convicting him of criminal possession of a controlled substance in the third degree brings up for review a decision denying defendant's motion to suppress crack cocaine found in a car in which defendant was riding. As limited by his brief, the sole contention of defendant is that there was no basis for the stop of the vehicle.

A vehicle stop is lawful provided that there is reasonable suspicion of criminal activity (see, People v Sobotker, 43 N.Y.2d 559; People v Ingle, 36 N.Y.2d 413). Here, the officers had reason to suspect that a passenger, whom they knew and believed to be younger than 21, had made an illegal purchase of alcohol (see generally, Alcoholic Beverage Control Law §§ 65, 65-a, 65-b) and that the alcohol purchased was in the vehicle occupied by three other apparently underage individuals. The officers' observations gave rise to reasonable suspicion justifying the stop of the vehicle.


Summaries of

People v. Russ

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 29, 1995
219 A.D.2d 865 (N.Y. App. Div. 1995)
Case details for

People v. Russ

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DERRICK R. RUSS…

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

Date published: Sep 29, 1995

Citations

219 A.D.2d 865 (N.Y. App. Div. 1995)
632 N.Y.S.2d 350

Citing Cases

People v. Brito

We affirm defendant's conviction of the crime of criminal possession of a controlled substance in the seventh…