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PEOPLE v. SPENCER

84 N.Y.2d 749 (1995)

646 N.E.2d 785

622 N.Y.S.2d 483

The People of the State of New York, Respondent, v. Clive Spencer, Appellant.

Court of Appeals of the State of New York.

Decided January 17, 1995.

Attorney(s) appearing for the Case

Jay H. Schwitzman, Brooklyn, for appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Roseann B. MacKechnie, Bruce D. Austern, Victor Barall and Anthea H. Bruffee of counsel), for respondent.

Chief Judge KAYE and Judges TITONE and SMITH concur with Judge CIPARICK; Judge LEVINE dissents and votes to affirm in a separate opinion in which Judges SIMONS and BELLACOSA concur.

CIPARICK, J.

The question presented is whether the police may stop a moving vehicle in order to request information of the driver concerning the whereabouts of a criminal suspect. We conclude that the stop in this case was an unreasonable seizure within the meaning of the Fourth Amendment.

I

On May 17, 1989, Police Officers Edward Alonge and Donald Conceicao were on routine patrol in a marked...

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