PEOPLE v. WESLEY

9876, 4362/14.

175 A.D.3d 1194 (2019)

107 N.Y.S.3d 291

2019 NY Slip Op 06714

The People of the State of New York, Respondent, v. Antoinette Wesley, Appellant.

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

September 24, 2019.


Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Kerry Elgarten of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Jennifer Westphal of counsel), for respondent.

Concur—Sweeny, J.P., Richter, Kapnick, Kern, Singh, JJ.


The court properly denied defendant's suppression motion. An officer saw defendant engage in a pattern of conduct, including concealing store merchandise in her purse and bag, that clearly indicated that she was shoplifting. The officer did not see defendant move toward the back of the store where the registers were located, and defendant's pattern of behavior rendered it highly unlikely that she paid for the merchandise during a brief period that the officer lost sight of...

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