People v. Kindred

APPELLATE DIVISION
THIRD DEPARTMENT
Criminal Practice

New York Law Journal

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Justice Elizabeth Garry

Kindred appealed from a judgment convicting him of criminal possession of a controlled substance in the third and fifth degrees. The unanimous panel concluded the suppression motion was properly denied, finding officers reasonably suspected Kindred violated the Vehicle and Traffic Law after observing him make an illegal U-turn, and seeing an open container of alcohol in the vehicle after stopping him. Also, after an officer recognized Kindred's passenger as one previously involved in prostitution and drug activity, that gave rise to a founded suspicion "that criminality was afoot" thereby allowing the officers' questions focusing on Kindred's possible wrongdoing. The panel rejected Kindred's allegation his conviction for criminal possession in the third degree was unsupported, noting the statue included any form of transfer of a controlled substance, and Kindred admitted he knew of his passenger's reputation and hoped to elicit sexual favors by providing her with drugs. Thus, the verdict was not against the weight of the evidence, affirming the order of conviction.

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