People v. Stone

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WYATT STONE, Appellant

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

Date published: Oct 5, 1993

197 A.D.2d 356 (N.Y. App. Div. 1993)

602 N.Y.S.2d 124

Opinion

October 5, 1993

Appeal from the Supreme Court, New York County, Murray Mogel, J., Paul Bookson, J.

Upon the officer's approach for the purpose of frisking defendant, defendant's sudden action in striking the officer in the face after calmly complying with the officer's request to place his arms against a fence was a calculated move not provoked by the officer's action in initiating the frisk, attenuating any possible illegality and warranting denial of suppression (compare, People v. Wilkerson, 64 N.Y.2d 749, 750).

We have considered defendant's remaining contentions and find them to be without merit.

Concur — Murphy, P.J., Ellerin, Wallach, Kassal and Nardelli, JJ.