PEOPLE v. ATKINS


275 A.D.2d 675 (2000)

713 N.Y.S.2d 533

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEITH ATKINS, Appellant.

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

Decided September 28, 2000.


Defendant's motion to suppress physical evidence and identification testimony was properly denied. The hearing evidence established that the arresting officers had reasonable suspicion that defendant had been involved in a crime and had come into the subway to escape. Defendant, visibly injured and bleeding, with an open box cutter in his hand and a worried facial expression, rushed into a subway station only to retreat immediately upon making eye contact with the officers...

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