People v. Bulvard
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order, Supreme Court, New York County (Renee White, J.), entered November 24, 1993, granting defendant’s motion to suppress physical evidence and statements, unanimously affirmed.
The hearing court properly found that the police observation of defendant making an innocuous hand movement while sitting in the passenger seat of a car double parked in a drug prone area did not give rise to a reasonable suspicion that defendant was engaged in criminal activity, so as to justify defendant’s forcible detention by the police (People v De Bour, 40 NY2d 210, 223).
There being no evidence that the…
2Cases cited3 opinions
- People v. De BourNew York Court of Appeals · 1976
- People v. WesleyNew York Court of Appeals · 1989
- People v. MillanNew York Court of Appeals · 1987
3Cited by3 opinions
- People v. HurdleAppellate Division of the Supreme Court of the State of New York · 2013
- People v. LopezAppellate Division of the Supreme Court of the State of New York · 2010
- People v. HurdleAppellate Division of the Supreme Court of the State of New York · 2013