PEOPLE v. ROJAS


281 A.D.2d 346 (2001)

723 N.Y.S.2d 18

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN ROJAS, Appellant.

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

Decided March 29, 2001.


Defendant's suppression motion was properly denied. The officers had, at the very least, reasonable suspicion to detain defendant pending a confirmatory viewing by the undercover officer. Defendant fit the description of the seller transmitted only moments before and was discovered in the very spot described by the undercover officer. Defendant was the only person present who met the description, which was sufficiently specific given the close spatial and temporal proximity...

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