PEOPLE v. ROQUE


99 N.Y.2d 50 (2002)

780 N.E.2d 976

751 N.Y.S.2d 165

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EMILIO ROQUE, Appellant.

Court of Appeals of the State of New York.

Decided November 19, 2002.


Attorney(s) appearing for the Case

Malvina Nathanson, New York City, for appellant.

Robert M. Morgenthau, District Attorney, New York City (Annica H. Jin and Donald J. Siewert of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, WESLEY, ROSENBLATT and GRAFFEO concur.


OPINION OF THE COURT

CIPARICK, J.

In this appeal, we are asked to decide whether, in the context of a stop made in the course of a "vertical sweep" of a residential apartment building, reasonable suspicion that a particular person has committed, is committing or is about to commit a crime arose, justifying police detention of a suspect. We conclude that the record supports a finding of reasonable suspicion...

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