PEOPLE v. DIAZ


80 N.Y.2d 950 (1992)

The People of the State of New York, Respondent, v. Ignacio Diaz, Appellant.

Court of Appeals of the State of New York.

Decided October 22, 1992.


Attorney(s) appearing for the Case

Milton Zelermyer, New York City, and Philip L. Weinstein for appellant.

Robert T. Johnson, District Attorney of Bronx County, Bronx (Adrienne Brewington of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur; Judge SMITH taking no part.


MEMORANDUM.

The order of the Appellate Division should be affirmed. Trained narcotics officers driving through a drug-prone neighborhood spotted defendant clutching a plastic bag tightly against his body. These circumstances, although not necessarily indicative of criminality, justified the officers' initial approach for the purposes of asking defendant to identify himself and state his purpose in the neighborhood (see...

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