Summary
In People v. Alvarez (100 NY2d 549, 550) the Court of Appeals held that observation of packaging commonly used to package cocaine provided "reasonable suspicion to stop the defendant."
Summary of this case from People v. FebusOpinion
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June 10, 2003.
Appeal, by permission of an Associate Judge of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered May 13, 2002, which affirmed an order of the Supreme Court (Roberta Dunlop, J.), entered in Queens County, granting defendant's motion to suppress physical evidence.
People v. Alvarez, 294 A.D.2d 442, reversed.
Emil Bricker, for appellant.
Ronna Gordon-Galchus, for respondent.
Chief Judge Kaye and Judges Smith, Ciparick, Wesley, Rosenblatt, Graffeo and Read concur.
MEMORANDUM:
The order of the Appellate Division should be reversed and defendant's motion to suppress physical evidence denied.
The hearing court's undisturbed findings that the police officer observed the tops of folded white pieces of paper wrapped in black plastic in the defendant's left hand, and that the officer knew from his experience that such papers were used to package cocaine, provided reasonable suspicion to stop the defendant. As the suppression court found and the Appellate Division left undisturbed, upon the approach of the officer the defendant turned his body and attempted to hide the papers in his pants. This elevated the level of suspicion to probable cause.
Order reversed and defendant's motion to suppress physical evidence denied, in a memorandum.