People v. Stevens, 185 A.D.2d 906 (N.Y. App. Div. 1992). · Go Syfert
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People v. Stevens, 185 A.D.2d 906 (N.Y. App. Div. 1992). Cases Citing This Book View Copy Cite
9 citation events (6 in the last 25 years) across 3 distinct courts.
Strongest positive: People v. Flavius (nyappdiv, 2015-08-12)
Top citers, strongest first. 4 distinct citers.
discussed Cited as authority (rule) People v. Flavius
N.Y. App. Div. · 2015 · confidence medium
Contrary to the People’s contention, the frisk of the defendant by a police officer was not justified, as there was no circumstance to support a reasonable suspicion that the officer was in danger of physical injury (see CPL 140.50 [3]; People v Holmes, 81 NY2d 1056, 1058 [1993]; People v Martinez, 191 AD2d 457, 458-459 [1993]; People v Terrell, 185 AD2d 906, 907-908 [1992]; cf. People v Batista, 88 NY2d 650, 654-655 [1996]).
discussed Cited as authority (rule) People v. Chan
N.Y. App. Term. · 2012 · signal: cf. · confidence medium
Defendant’s challenge to the propriety of the officers’ initial stop, detention, and questioning (CPL 140.50 [1]; see People v Hollman, 79 NY2d 181, 185 [1992]; People v Mais, 71 AD3d 1163, 1164 [2010]; cf. People v Terrell, 185 AD2d 906, 907 [1992]; People v Chinchillo, 120 AD2d 266, 268 [1986]) is also not preserved for appellate review as defendant never raised this claim before the hearing court, which, consequently, never ruled on the issue (CPL 470.05 [2]; People v Adams, 57 NY2d 1035, 1037 [1982]; People v Gilyard, 32 AD3d 1046 [2006]; People v Green, 10 AD3d 664 [2004]).
cited Cited as authority (rule) People v. Williams
N.Y. App. Div. · 2010 · confidence medium
We thus conclude that there is a reasonable possibility that the admission of the tainted evidence influenced the verdict (see Crimmins, 36 NY2d at 237 ; People v Terrell, 185 AD2d 906, 908 [1992]).
discussed Cited as authority (rule) People v. Dean
N.Y. App. Div. · 2010 · confidence medium
However, “a person may not be stopped and frisked solely because he or she is in the company of an individual the police reasonably suspect” (People v Terrell, 185 AD2d 906, 907-908 [1992]; see Matter of Nelson S., 196 AD2d 422, 425 [1993]), as an inference of guilt by association is not a permissible basis to support reasonable suspicion (see People v Chinchilla, 120 AD2d 266, 268 [1986]).
The People of the State of New York
v.
Sean Stevens
Appellate Division of the Supreme Court of the State of New York.
Aug 17, 1992.
185 A.D.2d 906
Cited by 1 opinion  |  Published

— Appeal by the defendant from a judgment of the County Court, Westchester County (Silver-man, J., at trial; Lange, J., at sentence), rendered March 17, 1989, convicting him of criminal possession of a controlled substance in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the prosecution failed to establish the chain of custody of the bag of crack cocaine vials found in his possession. Initially, we note that the issue is unpreserved for appellate review because the evidence was admitted without objection from the defendant (see, CPL 470.05 [2]; People v Udzinski, 146 AD2d 245, 248-252). In any event, we find that the record demonstrates that the evidence admitted at trial was the same bag of crack cocaine vials found in the defendant’s possession, and that its condition was unchanged (see, People v Julian, 41 NY2d 340, 343; People v Donovan, 141 AD2d 835, 836-837).

Also unpreserved for appellate review is the defendant’s argument that the trial court improperly allowed testimony of uncharged crimes since the defendant consented to the curative instructions given and requested no further instructions (see, People v Medina, 53 NY2d 951, 953; People v Guy, 121 AD2d 741, 742). Mangano, P. J., Thompson, Rosenblatt and Copertino, JJ., concur.