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PEOPLE v. CENTENO

259 A.D.2d 277 (1999)

687 N.Y.S.2d 88

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL CENTENO, Appellant.

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

Decided March 4, 1999.

As the People correctly concede, the police lacked reasonable suspicion to stop and detain defendant pending an identification by the victim and three officers who had witnessed the crime. Since the stop and detention were unjustified, defendant is entitled to suppression of the physical evidence recovered from him by the police and the out-of-court identifications. We thus remand for an independent source hearing as well as a...

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