PEOPLE v. MOORMAN

3530, 952/14.

148 A.D.3d 605 (2017)

2017 NY Slip Op 02375

52 N.Y.S.3d 9

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NICKOLAS MOORMAN, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 28, 2017.


The hearing court properly denied defendant's motion to suppress physical evidence. When, in a drug-prone area, an officer saw defendant holding a palm-sized plastic bag that the officer recognized from his experience as a possible container for drugs, and when, after the officer merely approached, defendant exhibited a startled expression and appeared to be hiding the bag, the officer had, at least, a founded suspicion of criminal activity warranting a common-law inquiry...

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