Legal Opinion

People v. Nesmith

Appellate Division of the Supreme Court of the State of New York

Decided December 21, 2001Published

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: County Court properly denied the motion of defendant to suppress physical evidence seized as the result of his pursuit and seizure by the police. The police officer who initiated the pursuit received a radio dispatch of a burglary in progress, observed defendant carrying a VCR in a pillowcase and a bag containing compact discs, and noticed that defendant matched the description of the suspect in a burglary in the vicinity three days earlier. That information provided the officer with at least a founded suspicion that criminal activity was afoot and…

2Cases cited5 opinions

  1. People v. HollmanNew York Court of Appeals · 1992
  2. People v. HolmesNew York Court of Appeals · 1993
  3. People v. PinesAppellate Division of the Supreme Court of the State of New York · 2001
  4. People v. MuldrowAppellate Division of the Supreme Court of the State of New York · 1995
  5. People v. TurnerAppellate Division of the Supreme Court of the State of New York · 2000

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