PEOPLE v. MILLER


208 A.D.2d 423 (1994)

617 N.Y.S.2d 301

The People of the State of New York, Respondent, v. Larry Miller, Appellant

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

October 18, 1994


Defendant was seen at a bank automatic teller machine (ATM) in what was known to be a high-crime location, apparently "casing" the area, by looking back and forth repeatedly between the ATM customer and a marked radio motor patrol car. When the officers approached defendant, he initially reacted to the approach by attempted flight. The officers, acting on their own observations and not on a radio run, did not draw their weapons, and greeted defendant with an innocuous "what...

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