[DOWNLOAD] "People State New York v. George Batino" by Supreme Court of New York " eBook PDF Kindle ePub Free

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eBook details

• Title: People State New York v. George Batino
• Author : Supreme Court of New York
• Release Date : January 13, 1975
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

[48 A.D.2d 619 Page 619] Judgment, Supreme Court, New York County, rendered December 21, 1973, convicting defendant upon his plea of guilty, of attempted possession of a dangerous drug in the fourth degree, reversed on the law; the order of the Supreme Court entered September 25, 1973, denying defendant's motion to suppress certain physical evidence, unanimously reversed, on the law, the motion granted and the indictment dismissed. At the suppression hearing Patrolman Holmes testified that while he was in a patrol car with several other officers, he saw the defendant walking on Park Avenue in the vicinity of 120th Street. As the officer passed the defendant, he (the officer) observed from a distance of approximately six feet, a bulge in defendant's right rear pocket. The bulge had the appearance of a cylinder type shape and the officer believed that it resembled a .25 calibre pistol. Accordingly, Patrolman Holmes left the vehicle and followed the defendant. In the meantime, the patrol car circled around in front of the defendant, and as one of the other patrolmen started to get out of the car, Patrolman Holmes saw the defendant reach for his rear pocket. The officer thereupon grabbed the pocket, and immediately realized that the object, in fact, was not a gun. Nevertheless, since the officer felt paper bags inside the pocket, and also felt tinfoil therein which he believed to contain cocaine, he reached into the defendant's pocket and withdrew the objects. We find that the frisk was unlawful, there being no reasonable basis to suspect that defendant was committing, had committed or was about to commit a crime. (CPL 140.50; Sibron v New York, 392 U S 40; Terry v Ohio, 392 U S 1.) When defendant was first observed, he was [48 A.D.2d 619 Page 620]

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