PEOPLE v. GARCIA

7884, 3692N/09.

96 A.D.3d 481 (2012)

948 N.Y.S.2d 242

2012 NY Slip Op 4412

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL GARCIA, Appellant.

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

June 7, 2012.


Defendant challenges the denial of his motion to suppress evidence, made on the ground that the evidence was the fruit of an unlawful stop. Defendant also challenges the denial of suppression of other evidence obtained from his apartment pursuant to a search warrant. In each instance, we find no basis for suppression of any evidence.

In a drug-prone location, an officer saw defendant standing on the street, looking up the street with a cell phone in his hand. Eventually...

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