# People v. Brown

> Appellate Division of the Supreme Court of the State of New York · April 7, 1994 · 203 A.D.2d 66

URL: https://www.frixlaw.com/law-library/cases/5973654

## Case

- **Full name:** The People of the State of New York v. Delroy Brown
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** April 7, 1994
- **Citations:** 203 A.D.2d 66; 609 N.Y.S.2d 607
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5973654

## Opinion text

—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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5973654. Public record. Not legal advice.