PEOPLE v. SIPES


59 A.D.2d 789 (1977)

The People of the State of New York, Respondent, v. Donald Sipes, Appellant

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

October 31, 1977


Judgment and order reversed, on the law and the facts, motion to suppress granted, and indictment dismissed.

On January 22, 1975, at about 3:35 P.M., police officers heard on police radio a report of a robbery which had occurred five minutes before some 18 blocks away. As they started toward the robbery scene, they observed two persons, one of whom (not the defendant) fit a description which appears in the complaint report of the robbery. On stopping and frisking...

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