People v. Turner
Opinion of the Court
Judgment, Supreme Court, New York County (Richard Lowe, J.), rendered November 3, 1989, convicting defendant after a jury trial of criminal possession of a controlled substance in the fourth degree, sentencing him to 3 to 6 years incarceration, unanimously affirmed.
While on uniformed patrol, at approximately 6:00 a.m. police officers heard a scream, made their way to a stairwell landing in a nearby apartment building, where they observed defendant and a female; when defendant made eye contact with them, he fled. When he was apprehended moments later, defendant took a swing at one of the officers, and was arrested. Defendant’s hands were handcuffed behind his back, and a preliminary frisk for weapons was unproductive. A subsequent patdown outside of the building turned up glassine envelopes, which the police assumed explained defendant’s flight. The search then was terminated, and defendant was transported to the precinct in the back of the patrol car, with his hands handcuffed behind his back. As defendant was helped out of the patrol car at the precinct, he was observed dropping a glassine envelope into the rear seat of the patrol car. The 107 vials found within this envelope ultimately tested positive for cocaine.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.