New York Court of Appeals, 2003

People v. Alvarez

New York Court of Appeals · Decided June 10, 2003 · Chief Judge Kaye and Judges Smith, Ciparick, Wesley, Rosenblatt, Graffeo and Read Concur in Memorandum

795 N.E.2d 13; 100 N.Y.2d 549; 763 N.Y.S.2d 788; 2003 N.Y. LEXIS 1409 (North Eastern Reporter, Second Series)

Cases that cite this one

13 later published cases cite this decision.

People v. Febus (Appellate Division of the Supreme Court of New York 2004)
People v. Garcia (Appellate Division of the Supreme Court of New York 2026)
People v. Bermudez-Cedillos (Appellate Division of the Supreme Court of New York 2024)
People v. Couch (Appellate Division of the Supreme Court of New York 2013)
People v. Couch (Appellate Division of the Supreme Court of New York 2013)
B., DEMITRUS, MTR. OF (Appellate Division of the Supreme Court of New York 2011)
In re Demitrus B. (Appellate Division of the Supreme Court of New York 2011)
People v. Reyna (Appellate Division of the Supreme Court of New York 2007)
People v. Evans (Appellate Division of the Supreme Court of New York 2007)
People v. Figueroa (Appellate Division of the Supreme Court of New York 2007)
People v. Stafford (Appellate Division of the Supreme Court of New York 2007)
People v. Fleury (Appellate Division of the Supreme Court of New York 2004)
People v. Raily (Appellate Division of the Supreme Court of New York 2003)

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 reversed and defendant’s motion to suppress physical evidence denied.

The hearing court’s undisturbed findings that the police officer observed the tops of folded white pieces of paper wrapped in black plastic in the defendant’s left hand, and that the officer knew from his experience that such papers were used to package cocaine, provided reasonable suspicion to stop the defendant. As the suppression court found and the Appellate Division left undisturbed, upon the approach of the officer the defendant turned his body and attempted to hide the papers in his pants. This elevated the level of suspicion to probable cause.

Chief Judge Kaye and Judges Smith, Ciparick, Wesley, Rosenblatt, Graffeo and Read concur in memorandum.

Order reversed, etc.

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