PEOPLE v. TERRANCE

8579, 4903/09.

101 A.D.3d 624 (2012)

957 N.Y.S.2d 316

2012 NY Slip Op 9151

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROSARIO TERRANCE, Appellant.

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

December 27, 2012.


The hearing court properly denied defendant's motion to suppress a gravity knife recovered from his person. Under the facts presented, a police officer was permitted to remove a knife from defendant's person during a common-law inquiry, even though the officer had no reason to believe it was an illegal knife until after he acquired it.

It is undisputed that the officer was entitled to make a common-law inquiry based on his observations that defendant was carrying...

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