Hyperlawhypertext legal databasebeta People v. Thomas 195 A.D.2d 489

← Cases

People v. Thomas

195 A.D.2d 489 Court N.Y. App. Div. Decision date 1993-07-06 English

Contents

Majority

p. 489
The People of the State of New York, Respondent, v James Thomas, Appellant.
[599 NYS2d 852]

Appeal by the defendant from a judgment of the County Court, Nassau County (Mogil, J.), rendered February 4, 1992, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The radio transmission providing a report of suspicious activity, coupled with a civilian witness’s description of the defendant’s location, and the defendant’s suspicious actions, coupled with Officer Anthony Repalone’s observation of the defendant who matched the description, gave rise to a reasonable suspicion that a crime had been committed, entitling the officer to briefly detain the defendant (see, CPL 140.50 [1]; People v Martinez, 80 NY2d 444 ; People v Leung, 68 NY2d 734 ; People v De Bour, 40 NY2d 210 ; People v Walker, 192

p. 490
AD2d 734 ). The identification of the defendant by an accomplice as having participated in an attempted confidence scheme was sufficient to escalate the existing reasonable suspicion to probable cause (People v Johnson, 66 NY2d 398 , 402).

We have reviewed the defendant’s remaining contentions and find them to be without merit. Thompson, J. P., Miller, Santucci and Joy, JJ., concur.

Cases cited