AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Judges

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEROME McGRIFF, Appellant.

Defendant's claim that he was illegally seized, where the prosecution presented no evidence that the "ghost", who directed the apprehending officer to stop him, had witnessed the drug transaction, is unpreserved as a matter of law, and we decline to review it in the interest of justice. If we were to review it, we would draw an inference that the ghost had witnessed the transaction ( People v Ramirez-Portoreal, 88 NY 2d 99, 113-114); and that the radio transmission from the undercover officer received by the apprehending officer, reporting a "positive buy" and describing the seller as a male black wearing a green T-shirt, black jeans and glasses was adequate to enable the apprehending officer to reasonably conclude that defendant was the person described ( see, People v Acevedo, 181 AD2d 596, lv denied 79 NY2d 1045). Further, we would find that the radio transmissions from the ghost received by the apprehending officer reporting defendant's movement after the sale and advising "that's him right there", as the apprehending officer caught sight of defendant, provided additional reasonable suspicion to detain, if indeed not probable cause to arrest; and that the undercover's drive-by confirmation provided probable cause.

Use AI to get other relevant cases.

Comments

PEOPLE v. McGRIFF
(Oct 31, 1996)