People v. Miller

—Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered July 15, 1992, convicting defendant, upon a guilty plea, of criminal possession of a weapon in the third degree, and sentencing him, as a second violent felony offender, to a term of 3 to 6 years, unanimously affirmed.

Defendant was seen at a bank automatic teller machine (ATM) in what was known to be a high-crime location, apparently "casing” the area, by looking back and forth repeatedly between the ATM customer and a marked radio motor patrol car. When the officers approached defendant, he initially reacted to the…