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People v. Moore

Court of Appeals of the State of New York
Jun 26, 1979
47 N.Y.2d 911 (N.Y. 1979)
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Summary

In Moore, after misdescribing the name of the television set, the defendant could offer no explanation for doing so; though Carrasquillo, too, confused the radio names, implicit in his other answers was a plausible explanation for having done so.

Summary of this case from People v. Carrasquillo
See 5 Summaries

Opinion

Argued May 30, 1979

Decided June 26, 1979

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, RICHARD G. DENZER, J.

Robert M. Morgenthau, District Attorney (Mark Dwyer and Robert M. Pitler of counsel), for appellant.

Gerald Zuckerman for respondent.

Order reversed for reasons stated in the dissenting opinion by Mr. Justice SAMUEL J. SILVERMAN at the Appellate Division ( 62 A.D.2d 155, 157-160), and case remitted to the Appellate Division, First Department, for review of the facts (CPL 470.25, subd 2, par [d]; 470.40, subd 2, par [b]).

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.

Summaries of

People v. Moore

Court of Appeals of the State of New York
Jun 26, 1979
47 N.Y.2d 911 (N.Y. 1979)

In Moore, after misdescribing the name of the television set, the defendant could offer no explanation for doing so; though Carrasquillo, too, confused the radio names, implicit in his other answers was a plausible explanation for having done so.

Summary of this case from People v. Carrasquillo

In Moore, for instance, the defendant presented the unusual picture of one who, limping and bearing a serious wound over his temple, was first seen tramping along covered with snow and carrying a pillowcase, which looked like it contained a television set slung over his shoulder; in sharp contrast, Carrasquillo, as we know, presented the conventional picture of one who bore no signs of any fracas, was walking normally in broad daylight and was carrying nothing but an ordinary brown paper shopping bag in his hand.

Summary of this case from People v. Carrasquillo

In Moore, the defendant was unable to explain where he had obtained the television set; here, the defendant suffered from no such inexplicable uncertainty.

Summary of this case from People v. Carrasquillo

In Moore, when the police asked what the pillowcase contained, the defendant replied that it held a Sony television set and a fur coat, but when, upon a detective's request, inspection was permitted, it was found to contain three pieces of jewelry and watches as well; in Carrasquillo, however, the inspection volunteered by the defendant tallied with the three articles he had described.

Summary of this case from People v. Carrasquillo

In Moore, the defendant was seen at night limping down a street covered with snow, carrying a pillowcase revealing the apparent outline of a television set, in which were eventually discovered a television set, fur coat and pieces of jewelry.

Summary of this case from People v. Carrasquillo
Case details for

People v. Moore

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. CLARENCE MOORE…

Court:Court of Appeals of the State of New York

Date published: Jun 26, 1979

Citations

47 N.Y.2d 911 (N.Y. 1979)
419 N.Y.S.2d 495
393 N.E.2d 489

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