Opinion

People v. Brown

  • 203 A.D.2d 66
  • 609 N.Y.S.2d 607
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Apr 7, 1994
Status
Published
Cited by
0 cases
Authority
More cited than 2.3%

The opinion

—Order, Supreme Court, New York County (Patricia Williams, J.), entered on or about August 14, 1992, granting defendant’s motion to suppress physical evidence and a statement he allegedly made to the police, unanimously affirmed.

We agree with the hearing court that the arresting officer did not have reasonable suspicion of criminality to justify pursuit of defendant, whose appearance varied from the description provided by the complainant (cf., People v Martinez, 80 NY2d 444 ). Defendant’s age was at least 10 years older than that attributed to the assailant by the complainant, and he was not wearing the leather jacket mentioned in the description. And it is certainly true, as the hearing court noted, that reasonable suspicion cannot be found merely in the fact that defendant appeared nervous and was present in *67 a crime-ridden neighborhood. Concur — Rosenberger, J. P., Kupferman, Rubin and Williams, JJ.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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