PEOPLE v. FLOWERS (1997)

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

The PEOPLE of the State of New York, Respondent, v. Kovon FLOWERS, Defendant-Appellant.

Decided: May 22, 1997

Before SULLIVAN, J.P., and MILONAS, ELLERIN, TOM and MAZZARELLI, JJ.

Sean D. Quinn, for respondent. Michael C. Taglieri, for defendant-appellant.

Judgment, Supreme Court, New York County (Murray Mogel, J.), rendered June 7, 1995, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 41/212 to 9 years, unanimously affirmed.

Given the arresting officer's expertise concerning drug trafficking by bus passengers, his observations of defendant's conduct and demeanor provided an objective, credible reason for approaching defendant to request information (see, People v. Hollman, 79 N.Y.2d 181, 193, 581 N.Y.S.2d 619, 590 N.E.2d 204). Although the officer had already observed defendant deposit a bag under the bus, the officer's initial inquiry as to whether defendant was carrying any luggage was neither accusatory nor intimidating, and thus did not take the encounter beyond a request for information (id., at 191-192, 581 N.Y.S.2d 619, 590 N.E.2d 204). Once defendant denied ownership of the bag, which was contrary to the officer's observations, the officer had a founded suspicion that criminal activity was afoot, permitting further inquiry.

MEMORANDUM DECISION.

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