PEOPLE v. JOHNSON


205 A.D.2d 322 (1994)

613 N.Y.S.2d 18

The People of the State of New York, Appellant, v. Robert Johnson, Respondent

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

June 7, 1994


The hearing court properly found that defendant's observed use of a ticket vending machine, while perhaps supporting an approach to offer assistance, did not justify the officer's clearly investigatory questioning of defendant. That level of intrusion requires a founded suspicion that criminal activity is afoot, a suspicion unsupported by the circumstances herein (People v Hollman, 79 N.Y.2d 181

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