PEOPLE v. BORA


83 N.Y.2d 531 (1994)

634 N.E.2d 168

611 N.Y.S.2d 796

The People of the State of New York, Respondent, v. Antonio Bora, Appellant.

Court of Appeals of the State of New York.

Decided May 3, 1994.


Attorney(s) appearing for the Case

Lisa A. Ferrari, New York City, and Philip L. Weinstein for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Howard L. Perzan and Mark Dwyer of counsel), for respondent.

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


SIMONS, J.

The sole issue presented on this appeal is whether a direction by a uniformed police officer to "stop", made to defendant as he began to walk away from the officer on a street corner, constituted a "seizure" as a matter of law.

I.

On June 1, 1989, Police Officer Stuller and his partner received a radio report that a black male, wearing red and blue clothing, was selling narcotics...

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