Appellate Division of the Supreme Court of New York, 2000

People v. Tinort

Appellate Division of the Supreme Court of New York · Decided May 18, 2000

272 A.D.2d 206; 709 N.Y.S.2d 511; 2000 N.Y. App. Div. LEXIS 5632

Cases that cite this one

19 later published cases cite this decision.

People v. Barksdale (Appellate Division of the Supreme Court of New York 2013)
People v. Barksdale (Appellate Division of the Supreme Court of New York 2013)
The People v. Anthony Barksdale (N.Y. 2015)
Ligon v. City of New York (District Court, S.D. New York 2013)
People v. Robinson (Appellate Division of the Supreme Court of New York 2026)
People v. Johnson (Appellate Division of the Supreme Court of New York 2013)
People v. Johnson (Appellate Division of the Supreme Court of New York 2013)
People v. Wannamaker (Appellate Division of the Supreme Court of New York 2012)
People v. Lozado (Appellate Division of the Supreme Court of New York 2011)
People v. Nunez (Appellate Division of the Supreme Court of New York 2009)
People v. Galloway (Appellate Division of the Supreme Court of New York 2007)
People v. Hendricks (Appellate Division of the Supreme Court of New York 2007)
People v. Williams (Appellate Division of the Supreme Court of New York 2005)
People v. Brown (Appellate Division of the Supreme Court of New York 2004)
People v. Anderson (Appellate Division of the Supreme Court of New York 2003)
People v. Mercado (Appellate Division of the Supreme Court of New York 2002)
People v. Crawford (Appellate Division of the Supreme Court of New York 2001)
People v. Abad (Appellate Division of the Supreme Court of New York 2001)
People v. Conway (Appellate Division of the Supreme Court of New York 2001)

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, New York County (John Bradley, J.), rendered November 10, 1997, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fourth degree and attempted criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 4 to 8 years, unanimously affirmed.

Defendant’s suppression motion was properly denied. There is no basis upon which to disturb the court’s credibility determinations, which are supported by the record. When the officer observed defendant in a drug-prone building where the owner had executed a “trespass affidavit” requesting police assistance in removing intruders, the officer, who had made several prior arrests in the building, had an “objective credible reason” to ask defendant whether he lived there, which constituted a level one request for information and not a common-law inquiry (see, People v Hollman, 79 NY2d 181, 191; People v *207Greene, 271 AD2d 235). When defendant claimed to have been visiting a friend, but claimed not to know the friend’s name, and supplied an apartment number known by the officer to be non-existent, the officer had probable cause to arrest defendant for criminal trespass (see, People v Magwood, 260 AD2d 246, lv denied 93 NY2d 1004; People v Rodriguez, 159 AD2d 201, lv denied 76 NY2d 742). Probable cause to arrest for trespass did not require proof beyond a reasonable doubt of all the elements of that crime including scienter.

We perceive no abuse of sentencing discretion. Concur — Ellerin, J. P., Wallach, Lerner and Saxe, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.