PEOPLE v. CHALWELL


272 A.D.2d 217 (2000)

707 N.Y.S.2d 629

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALVIN CHALWELL, Appellant.

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

Decided May 23, 2000.


Defendant's motion to suppress identification testimony as the fruit of an unlawful seizure was properly denied. The seizure of defendant, conceded by defendant to have been made on the basis of reasonable suspicion, was a brief investigative detention for the purpose of prompt identification by the complainants and was not a de facto arrest requiring probable cause. Defendant was detained for only 10 minutes pending the arrival of the complainants, was not transported anywhere...

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