PEOPLE v. McFADDEN


179 A.D.2d 1003 (1992)

The People of the State of New York, Respondent, v. Christopher McFadden, Appellant

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

January 31, 1992


Judgment reversed on the law, motion granted and indictment dismissed.

Memorandum:

The court erred in concluding that the police properly stopped defendant, or that defendant gave his consent to the police intrusion. Defendant was stopped on the porch of his home. The only basis for the stop was that defendant, a Black male, was carrying a cardboard box containing a computer keyboard, while walking down a residential street, in the early afternoon. The court...

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