PEOPLE v. OQUENDO


221 A.D.2d 223 (1995)

633 N.Y.S.2d 492

The People of the State of New York, Respondent, v. Rolando Oquendo, Appellant

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

November 16, 1995


Regardless of whether this police-citizen encounter is characterized as an arrest or a stop and frisk, it exceeded the scope of what was constitutionally permissible under the particular circumstances. The objective information available to the officer, who merely saw defendant walking in an area in the Port Authority Bus Terminal that just minutes earlier had been completely open to the public, only provided "a founded suspicion that criminal activity [was] afoot" (People...

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