PEOPLE v. ELDER


59 A.D.2d 947 (1977)

The People of the State of New York, Appellant, v. Roland Elder, Sonny Hodges and Carton Mims, Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 28, 1977


Orders reversed, on the law and the facts, and motions denied.

Although defendants were detained at gunpoint, the facts justified such a detention. The police observed the defendants gesturing to one another, obviously positioning themselves around a parked United Parcel Service truck. The defendants approached the truck, but apparently missed their opportunity to do anything when the truck moved away too soon. They again approached the truck when it stopped at a...

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