PEOPLE v. LOZADO

6435, 6046/08

90 A.D.3d 582 (2011)

936 N.Y.S.2d 22

2011 NY Slip Op 9539

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SALVADOR LOZADO, Appellant.

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

Decided December 27, 2011.


The court properly denied defendant's motion to suppress the revolver recovered from his person. The police actions were lawful at each stage of the encounter.

Police officers conducting a nighttime vertical patrol of a Housing Authority building saw defendant coming up the stairs in a ninth floor stairwell. When defendant saw the police, he "paused" and "looked around," displaying "nervous" behavior. These circumstances provided an officer with an "objective credible...

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