PEOPLE v. BROWN


221 A.D.2d 208 (1995)

633 N.Y.S.2d 171

The People of the State of New York, Appellant, v. Damon Brown, Respondent

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

November 14, 1995


The hearing court's findings that defendant did not match the broadcast description of a man with a gun closely enough to have justified the stop and frisk that led to recovery of the gun sought to be suppressed and that the officers' testimony that defendant reached into his coat pocket was incredible and, in any event, descriptive of only innocuous conduct that could not have given rise to reasonable suspicion, were not "manifestly erroneous", and thus should not be disturbed...

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