People v. Johnson — 98 A.D.2d 952

Majority

p. 952

The People of the State of New York, Respondent, v Wayne Johnson, Appellant.

— Judgment unanimously affirmed. Memorandum: Defendant, a known burglar, was observed by the police shortly before noon walking and looking at houses in a neighborhood which had a “rash” of recent daytime burglaries. These circumstances aroused the interest of the officers and justified a brief limited inquiry (see People v Carrasquillo, 54 NY2d 248 ; Peoplep

p. 953

Howard, 50 NY2d 583 ; People v De Bour, 40 NY2d 210 ). The totality of evidence supports County Court’s finding that defendant thereafter voluntarily consented to accompany the police and defendant’s suppression motion was properly denied (see United States v Mendenhall, 446 US 544 ; People v Morales, 42 NY2d 129 , 137-138, cert den 434 US 1018 ; People v Munro, 86 AD2d 683 ; see, also, United States v Watson, 423 US 411 ). (Appeal from judgment of Monroe County Court, Barr, J. — burglary, third degree.) Present — Hancock, Jr., J. P., Callahan, Boomer, Green and Schnepp, JJ.

Cases cited

People v. Carrasquillo 54 NY2d 248 N.Y. 1981-11-23 p. 952
People v. Howard 50 NY2d 583 N.Y. 1980-07-03 p. 953
People v. De Bour 40 NY2d 210 N.Y. 1976-06-15 p. 953
United States v. Mendenhall 446 US 544 SCOTUS 1980-05-27 p. 953
People v. Morales 42 NY2d 129 N.Y. 1977-06-14 at 137-138 p. 953
People v. Munro 86 AD2d 683 N.Y. App. Div. 1982-01-07 p. 953
United States v. Watson 423 US 411 SCOTUS 1976-01-26 p. 953