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—Judgment, Supreme Court, New York County (Marcy Kahn, J.), rendered January 16, 1997, convicting defendant, after a jury trial, of auto stripping in the first degree, criminal mischief in the
*119 fourth degree, petit larceny, criminal possession of stolen property in the fifth degree and possession of burglar’s tools, and sentencing him, as a second felony offender, to a term of 2 to 4 years for auto stripping, to run concurrently with four concurrent terms of 1 year, unanimously affirmed.Defendant’s suppression motion was properly denied. Probable cause to arrest defendant and his companion was provided by the totality of the observations of an officer highly experienced in automobile-related larcenies. These observations, including distinctive “casing”-type behavior (involving crossing back and forth across the street for that purpose), “lookout”type behavior, entry into a car and opening of its trunk in a suspicious manner, and immediate removal of property, when viewed as a whole, were inconsistent with lawful behavior (see, People v Carrasquillo, 54 NY2d 248, 254). Concur — Sullivan, J. P., Milonas, Wallach, Williams and Mazzarelli, JJ.
Document Info
Filed Date: 12/10/1998
Precedential Status: Precedential
Modified Date: 11/1/2024