PEOPLE v. SIERRA


83 N.Y.2d 928 (1994)

638 N.E.2d 955

615 N.Y.S.2d 310

The People of the State of New York, Respondent, v. Rafael Sierra, Appellant. The People of the State of New York, Respondent, v. James Robbins, Appellant.

Court of Appeals of the State of New York.

Decided June 14, 1994.


Attorney(s) appearing for the Case

David B. Affler, New York City, and Philip L. Weinstein for appellant in the first above-entitled action.

Robert M. Morgenthau, District Attorney of New York County, New York City (David J. Mudd and Mark Dwyer of counsel), for respondent in the first above-entitled action.

Elizabeth Manning, New York City, and Philip L. Weinstein for appellant in the second above-entitled action.

Robert M. Morgenthau, District Attorney of New York County, New York City (Ann P. Wyllie and Norman Barclay of counsel), for respondent in the second above-entitled action.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.


MEMORANDUM.

The order of the Appellate Division in People v Sierra should be affirmed. The order of the Appellate Division in People v Robbins should be reversed, defendant's motion to suppress granted, and the indictment dismissed.

At issue in both cases is solely the application of a wellsettled principle: that a defendant's flight in response to an approach by the police, combined with other specific...

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