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PEOPLE v. CABALLERO

207 A.D.2d 706 (1994)

616 N.Y.S.2d 593

The People of the State of New York, Appellant, v. Manuel Caballero, Also Known as Carlos Acosta, Respondent

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

September 20, 1994

We agree with the suppression court that reasonable suspicion to forcibly stop defendant was not provided by the anonymous tip of drug selling activities and the fact that defendant and his companions walked away when they saw the officer approach them from a block away, and that the seizure cannot be deemed merely an attempt to initiate a common-law inquiry because the officer said "excuse me" just before grabbing defendant's...

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