People v. McCutcheon
Opinion of the Court
— Appeal by the defendant from a judgment of the County Court, Suffolk County (Ingraham, J.), rendered November 12, 1982, convicting him of criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, following a hearing, of that branch of the defendant’s omnibus motion which was to suppress evidence.
Ordered that the judgment is affirmed.
That branch of the defendant’s omnibus motion which was to suppress a gun allegedly found on his person by the police was properly denied. The actions of the police were at all times reasonably related in scope and intensity to the information available to them as their encounter with the defendant unfolded (see, People v De Bour, 40 NY2d 210; People v Finlayson, 76 AD2d 670, lv denied 51 NY2d 1011, cert denied 450 US 931). Although an anonymous tip of a "man with gun” does not, without more, rise to the level of reasonable suspicion so as to justify the stop and frisk of a suspect (People v Benjamin, 51 NY2d 267, 270; People v Milton, 115 AD2d 666, 667), the informant in this case presented himself in person to
Case-law data current through December 31, 2025. Source: CourtListener bulk data.