THE PEOPLE &C., RESPONDENT, v. MANUEL JACKSON, APPELLANT.
79 N.Y.2d 907, 590 N.E.2d 240, 581 N.Y.S.2d 655 (1992).
February 25, 1992
1 No. 126 SSM 73
Decided February 25, 1992
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This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Submitted by Ira Mickenberg, for Appellant.
Submitted by Myles L. Orosco, for Respondent.
MEMORANDUM.:
The order of the Appellate Division should be affirmed.
In August 1989, Police Officer Kevin Sherlock, while on routine motor
patrol in Manhattan, received a report of an abduction in progress at
125th Street and Morningside Avenue. The report specified that two men
in a grey four-door Volvo had kidnapped a third man and were holding
him in the back seat of the car. Moments after receiving the
transmission, Officer Sherlock spotted a vehicle which matched the
description given in the radio run heading south on Morningside Avenue
at 117th Street. He then followed the vehicle and ordered its driver
to pull over near 116th Street and Seventh Avenue. Several other
officers, including Sergeant Robert Rivera, subsequently arrived at
the scene. While Officer Sherlock approached the driver and asked him
for his license and registration, Sergeant Rivera proceeded to the
passenger side of the automobile, where defendant was sitting. Upon
observing a plastic bag at defendant's feet, the sergeant reached
through the window of the car, picked up the bag, and, without opening
it, shined his flashlight through it. Detecting what he believed to be
marijuana, Sergeant Rivera ordered defendant out of the car. Defendant
complied, and was subsequently placed under arrest. The ensuing search
of defendant's person disclosed the presence of a loaded .38 caliber
revolver in defendant's waistband. Defendant was thereafter indicted
for criminal possession of a weapon in the third degree. Prior to
trial, defendant moved to suppress the physical evidence that had been
seized at the time of his arrest. After conducting a Mapp hearing,
Supreme Court, New York County, denied defendant's motion; and
defendant subsequently pled guilty. On appeal, the Appellate Division
affirmed.
SNIPPETS:
THE PEOPLE &C., RESPONDENT, v. MANUEL JACKSON, APPELLANT.
This memorandum is uncorrected and subject to revision before publication in the New York
The order of the Appellate Division should be affirmed.
In August 1989, Police Officer Kevin Sherlock, while on routine motor patrol in Manhattan,
The report specified that two men in a grey four-door Volvo had kidnapped a third man and
Moments after receiving the transmission, Officer Sherlock spotted a vehicle which matched
While Officer Sherlock approached the driver and asked him for his license and registration,
Upon observing a plastic bag at defendant's feet, the sergeant reached through the window of
Defendant was thereafter indicted for criminal possession of a weapon in the third degree.
defendant moved to suppress the physical evidence that had been seized at the time of his
After conducting a Mapp hearing, Supreme Court, New York County, denied defendant's motion;
Defendant does not dispute that the police had a legitimate basis to stop the vehicle in
our holding in People v Torres (74 NY2d 224) does not dictate a contrary result.
the police proceeded to search a bag located on the front seat of a car that they had just
We concluded that, inasmuch as the police had already isolated the suspect from the bag, the
Here, by contrast, the rather cursory examination of the bag occurred while defendant was
Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock and Bellacosa concur.
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