PEOPLE v. LUKE

9980, 1648/15.

176 A.D.3d 428 (2019)

110 N.Y.S.3d 17

2019 NY Slip Op 07038

The People of the State of New York, Respondent, v. Terry Luke, Also Known as Terry Jackson, Appellant.

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

Decided October 1, 2019.


Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( John L. Palmer of counsel), for appellant.

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

Concur—Friedman, J.P., Tom, Webber, Gesmer, Oing, JJ.


The court properly denied defendant's suppression motion. The record supports the hearing court's finding that the information possessed by the police, coupled with defendant's evasiveness, flight and resistance, provided probable cause to believe that defendant had attempted, or was attempting, to buy merchandise by way of a stolen or fraudulent credit card. A store employee provided detailed information about a pattern of behavior by defendant that was highly suspicious...

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