People v. McDonald
Cases that cite this one
3 later published cases cite this decision.
- People v. Alston (Appellate Division of the Supreme Court of New York 2005)
- People v. Sanders (Appellate Division of the Supreme Court of New York 1997)
- People v. Cruz (Appellate Division of the Supreme Court of New York 1997)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Judgment, Supreme Court, Bronx County (Irene Duffy, J., at suppression hearing; Frank Diaz, J., at trial and sentence), rendered August 24, 1993, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 31/2 to 7 years, unanimously affirmed.
Defendant’s motion to suppress was properly denied. The two officers had an objective credible reason to approach defendant for information when they heard gunfire and then immediately saw defendant, who was the only person on the street in the vicinity of where the shots had come from (People v Blackwell, 206 AD2d 300, appeal dismissed 85 NY2d 851; People v Tucker, 223 AD2d 424). Defendant’s actions in adjusting his waistband and, upon the officers’ approach, in backing away from them with fists clenched at his chest, justified the frisk (People v Benjamin, 51 NY2d 267, 271). Concur — Murphy, P. J., Sullivan, Wallach, Nardelli and Tom, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.