People v. Evans
Cases that cite this one
30 later published cases cite this decision. The 25 that cite it most often are listed here.
- The People v. William Brown / The People v. Patrick Thomas (N.Y. 2015)
- Matter of Eliezer G. (Appellate Division of the Supreme Court of New York 2026)
- The People v. William Brown / The People v. Patrick Thomas (N.Y. 2015)
- Matter of Donna Marie C. v. Kuni C. (Appellate Division of the Supreme Court of New York 2015)
- SIMMONS, TYRELL D., PEOPLE v (Appellate Division of the Supreme Court of New York 2015)
- People v. Simmons (Appellate Division of the Supreme Court of New York 2015)
- People v. Simmons (Appellate Division of the Supreme Court of New York 2015)
- Matter of Shariff H. (Appellate Division of the Supreme Court of New York 2014)
- People v. Gerard (Appellate Division of the Supreme Court of New York 2012)
- People v. Reyes (Appellate Division of the Supreme Court of New York 2010)
- Folsom v. Swan (Appellate Division of the Supreme Court of New York 2007)
- People v. Cooper (Appellate Terms of the Supreme Court of New York 2007)
- Matter of B.M. (Orange Family Court 2007)
- Polner v. Monchik Realty Co. (New York Supreme Court 2005)
- Matter of David D. (Suffolk Family Court 2004)
- La Bier v. La Bier (Appellate Division of the Supreme Court of New York 2002)
- Davis v. Davis (Appellate Division of the Supreme Court of New York 2000)
- Cassandra R v. Flemma (Appellate Division of the Supreme Court of New York 2000)
- People v. James (Appellate Division of the Supreme Court of New York 1998)
- Gay v. Gay (Appellate Division of the Supreme Court of New York 1996)
- People v. Cummings (Appellate Division of the Supreme Court of New York 1994)
- People v. Rodriguez (Appellate Division of the Supreme Court of New York 1994)
- In re Elianne M. (Appellate Division of the Supreme Court of New York 1993)
- People v. Hill (Appellate Division of the Supreme Court of New York 1989)
- Sterling Forest Associates, Ltd. v. Barnett-Range Corporation (4th Cir. 1988)
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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
The finding by the courts below that the initial stop of defendant by the police was justified presents a mixed question of law and fact which is beyond the review powers of this court if the evidence at the hearing supported the determination made by the lower courts (People v Harrison, 57 NY2d 470, 477; People v Wharton, 46 NY2d 924, 925).
The evidence adduced at the hearing indicated that the arresting officers, while on routine patrol in an unmarked car in The Bronx, observed defendant running from the 196th Street train station carrying a white shopping bag and looking back over his shoulder several times. Defendant was further observed running south on Grand Concourse, trying to gain entrance to one apartment building, and failing that, continuing on to the next building where he pushed several doorbells in an attempt to gain entrance. There was also evidence that the officers were informed by the superintendent of the building that he did not recognize the defendant as a tenant. Although each factor, standing alone, could be susceptible to an innocent interpretation, a view of the entire circumstances indicates that the officers entertained a reasonable suspicion that the defendant had committed a crime in the subway and was attempting to flee. The initial stop of defendant was based on reasonable suspicion and, therefore, the Appellate Division order should be affirmed.
*631 Chief Judge Wachtler and Judges Jasen, Meyer, Simons and Kaye concur; Judge Alexander taking no part.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.