PEOPLE v. CROMER (1999)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Robert CROMER, a/k/a Yusef Abdul Saboor, Defendant-Appellant.

Decided: May 11, 1999

SULLIVAN, J.P., WILLIAMS, WALLACH, RUBIN and MAZZARELLI, JJ.

Grace Vee, for Respondent. Marc A. Agnifilo, for Defendant-Appellant.

Judgment, Supreme Court, New York County (Michael Obus, J., at suppression hearing; William Wetzel, J., at plea and sentence), rendered September 12, 1995, convicting defendant of attempted robbery in the first degree, and sentencing him to a term of 11/212 to 41/212 years, unanimously affirmed.

Defendant's suppression motion was properly denied. The gunpoint stop and frisk, which formed the predicate for the subsequent police actions, was based on reasonable suspicion that defendant and his companions had, minutes earlier, committed a robbery. The joint description of the perpetrators was sufficiently specific given that defendant and his companions were immediately found in the building into which the witnesses had seen the perpetrators flee (see, People v. Brown, 254 A.D.2d 88, 678 N.Y.S.2d 620, lv. denied 92 N.Y.2d 980, 683 N.Y.S.2d 761, 706 N.E.2d 749; People v. Jones, 238 A.D.2d 153, 656 N.Y.S.2d 202, lv. denied 90 N.Y.2d 906, 663 N.Y.S.2d 518, 686 N.E.2d 230).

MEMORANDUM DECISION.

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