PEOPLE v. NELSON


79 A.D.2d 171 (1981)

The People of the State of New York, Respondent, v. Russell Nelson, Appellant The People of the State of New York, Respondent, v. Jerold Lee Usher, Appellant

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

February 26, 1981


Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender (Ann Pfeiffer of counsel for Russell Nelson and Brian Shiffrin of counsel for Jerold Usher), for appellants.

Donald O. Chesworth, District Attorney (Stephen Brent of counsel), for respondent.

SIMONS, CALLAHAN, DENMAN and SCHNEPP, JJ., concur.


CARDAMONE, J. P.

Defendants Usher and Nelson were both convicted after a jury trial of robbery in the third degree as the result of a mugging incident. There was ample evidence before the jury to sustain the guilty verdicts. The principal issue raised is whether the Rochester police had probable cause to detain defendant Usher for questioning at police headquarters on September 14, 1976 when he appeared there...

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