PEOPLE v. FERNANDEZ


261 A.D.2d 178 (1999)

691 N.Y.S.2d 386

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LENIN FERNANDEZ, Appellant.

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

Decided May 11, 1999.


The court properly denied defendant's motion to suppress identification testimony. The circumstances that the police encountered defendant and his companions leaving the scene as the police arrived to investigate a report of an armed robbery in progress, combined with the police observations of furtive and nervous behavior of the group at the mere sight of the police, provided a founded suspicion that criminal activity was afoot, thereby permitting inquiry as to their purpose...

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