People v. Feliciano
Cases that cite this one
18 later published cases cite this decision.
- People v. Rodriguez (Appellate Division of the Supreme Court of New York 2021)
- People v. Allen (Appellate Division of the Supreme Court of New York 2020)
- ROZIER, GLASCO P., PEOPLE v (Appellate Division of the Supreme Court of New York 2016)
- People v. Rozier (Appellate Division of the Supreme Court of New York 2016)
- People v. Rozier (Appellate Division of the Supreme Court of New York 2016)
- WALKER, KALIL T., PEOPLE v (Appellate Division of the Supreme Court of New York 2017)
- People v. Walker (Appellate Division of the Supreme Court of New York 2017)
- People v. Walker (Appellate Division of the Supreme Court of New York 2017)
- People v. Walker (Appellate Division of the Supreme Court of New York 2017)
- BROWN, KRYSTIAN, PEOPLE v (Appellate Division of the Supreme Court of New York 2016)
- People v. Brown (Appellate Division of the Supreme Court of New York 2016)
- People v. Brown (Appellate Division of the Supreme Court of New York 2016)
- People v. Lawrence (Appellate Division of the Supreme Court of New York 2020)
- OWENS, CHAD L., PEOPLE v (Appellate Division of the Supreme Court of New York 2017)
- People v. Wallace (Appellate Division of the Supreme Court of New York 2017)
- People v. Baldwin (Appellate Division of the Supreme Court of New York 2017)
- People v. Owens (Appellate Division of the Supreme Court of New York 2017)
- People v. Owens (Appellate Division of the Supreme Court of New York 2017)
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
Appeal from a judgment of the Monroe County Court (Victoria M. Argento, J.), rendered August 2, 2012. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]), defendant contends that County Court erred in refusing to suppress physical evidence, i.e., a handgun, and his statement to the police. We reject that contention. According to the evidence presented at the suppression hearing, a police officer received radio dispatches that shots had been fired and that an anonymous caller had reported that a male suspect on a bicycle was in possession of a handgun. Upon responding to the vicinity within minutes of receiving the dispatches, the officer observed defendant, who generally matched the description of the suspect, riding a bicycle on the street (see generally People v Moczo, 174 AD2d 365, 365 [1991], lv denied 78 NY2d 1013 [1991]). The officer pulled alongside defendant in his police vehicle and, without exiting his vehicle, the officer asked defendant to “stop his bike for a moment.” Contrary to defendant’s contention, we conclude that “the information provided in the . . . dispatch [es] coupled with the officer [’s] observations provided the [officer] with ‘an objective, credible reason for initially approaching defendant and requesting information from him’ ” (People v Burnett, 126 AD3d 1491, 1492 [2015]; see generally People v Hollinan, 79 NY2d 181, 184 [1992]; People v De Bour, 40 NY2d 210, 223 [1976]). The conduct of the officer in asking defendant to stop his bicycle for a moment did not elevate the encounter beyond a level one intrusion (see People v Reyes, 83 NY2d 945, 946 [1994], cert denied 513 US 991 [1994]; People v Bent, 206 AD2d 926, 926 [1994], lv denied 84 NY2d 906 [1994]).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.