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80 N.Y.2d 950

People v. Diaz

New York Court of Appeals

Decided October 22, 1992

New York Court of Appeals · decided 1992-10-22

Decided 1992-10-22

¶1OPINION OF THE COURT

¶2Memorandum.

¶3The order of the Appellate Division should be affirmed. Trained narcotics officers driving through a drug-prone neighborhood spotted defendant clutching a plastic bag tightly against his body. These circumstances, although not necessarily indicative of criminality, justified the officers’ initial approach for the purposes of asking defendant to identify himself and state his purpose in the neighborhood (see, People v De Bour, 40 NY2d 210). That one officer held his hand on his bolstered gun as he approached defendant was not, by itself, sufficient to raise the encounter to a second-level investigatory stop under De Bour, and defendant intentionally abandoned the plastic bag and fled before the officers had any opportunity to ask him any questions. Accordingly, the courts below correctly denied defendant’s motion to suppress.

¶4Chief Judge Wachtler and Judges Simons, Kaye, Titone, Hancock, Jr., and Bellacosa concur; Judge Smith taking no part.

¶5On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.

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