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Appellate Division — Published in the Law Journal on: October 6, 2011,

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By Andrias, J.P., Friedman, Renwick, Richter, Manzanet-Daniels, JJ.

5610. PEOPLE, res, v. Donsha Jackson, etc., def-ap — Robert S Dean, Center for Appellate Litigation, New York (Carl S. Kaplan of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Patricia Curran of counsel), for res — Judgment, Supreme Court, New York County (Herbert J. Adlerberg, J.H.O. at suppression hearing; Richard Carruthers, J. at suppression decision; Analisa Torres, J. at plea and sentencing), rendered March 25, 2010, as amended May 6, 2010, convicting defendant of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony drug offender, to a term of 4 years, unanimously affirmed.Defendant’s suppression motion was properly denied in all respects. The police had a warrant, the validity of which is not at issue, to search apartment 12A of a residential building. As the police came out of the elevators on the 12th floor, they saw defendant, who was holding keys in his hand, suggesting that he was connected to one to of the eight apartments on that floor. This provided the police with an objective, credible reason to ask defendant where he was coming from (see generally People v. Hollman, 79 NY2d 181, 185 [1992]). This simple question was a level-one request for information, and while the large number of officers present may have created a crowded condition in the hallway, this was not so intimidating as to transform the encounter into a common-law inquiry.

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