PEOPLE v. ESPINOSA


46 A.D.3d 311 (2007)

847 N.Y.S.2d 525

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. INOCENCIO ESPINOSA, Appellant.

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

Decided December 13, 2007.


The court properly denied defendant's motion to suppress, as fruits of an allegedly unlawful arrest, a gravity knife and a statement he made to the police. A woman stopped the arresting officer on the street, pointed to defendant and said she had an order of protection against him. This gave the officer, at least, a founded suspicion sufficient to approach defendant and make inquiry (see People v De Bour, 40 N.Y.2d 210, 223 [1976...

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