AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARNATION FRANCE, Appellant.

The court's finding that the encounter between the officer and the defendant was lawful is supported by the evidence. The anonymous tip in this case was sufficiently detailed to allow the officer to identify the defendant at the donut shop, and activated the officer's common law right to approach the suspect to obtain explanatory information (see, People v. De Bour, 40 N.Y.2d 210, 221). The fact that the officer had drawn and concealed his gun did not make the inquiry impermissively coercive because there was no evidence that defendant saw the gun, and the officer's actions were warranted by the time and location of the events and the fact that he had just reason to suspect that the defendant was armed (see, supra).

Concur — Wallach, J.P., Ross, Asch and Rubin, JJ.

Use AI to get other relevant cases.

Comments

PEOPLE v. FRANCE
(Oct 28, 1993)