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PEOPLE v. HICKS

116 A.D.2d 150 (1986)

The People of the State of New York, Respondent, v. Roger Hicks, Appellant

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

April 4, 1986

Attorney(s) appearing for the Case

Susan V. Tipograph for appellant.

Richard J. Arcara, District Attorney (Louis A. Haremski and John J. De Franks of counsel), for respondent.

DENMAN, J. P., and SCHNEPP, J., concur with BOOMER, J.; GREEN, J., dissents and votes to reverse the judgment, on the law and facts, grant defendant's motion to suppress and grant a new trial in a separate opinion in which O'DONNELL, J., concurs.

BOOMER, J.

On appeal from his conviction of robbery in the first degree, defendant asserts that the evidence used against him should have been suppressed as the fruit of an illegal detention. After a Terry (Terry v Ohio, 392 U.S. 1) stop, the police returned defendant to the scene of an armed robbery for identification by the victims. We hold that under all the circumstances...

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