PEOPLE v. HARRELL


220 A.D.2d 293 (1995)

632 N.Y.S.2d 137

The People of the State of New York, Appellant, v. Terrence Harrell, Respondent

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

October 17, 1995


We agree with the hearing court that the only fact known to the police upon their approach of defendant and request for information of defendant, an African-American male, was that he was observed riding a bicycle minutes after the police had received a radio report of a theft of a bicycle by an African-American male. This sole fact did not give rise to reasonable suspicion, the necessary predicate for police pursuit, when defendant fled in response to the police approach...

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