PEOPLE v. MARTINEZ


301 A.D.2d 615 (2003)

753 N.Y.S.2d 851

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELIEZER MARTINEZ, Appellant.

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

Decided January 21, 2003.


Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent herewith.

Contrary to the defendant's contention, the police had reasonable suspicion to stop and detain him and his companions pending a showup identification by the complainant based on a radio transmission, as well as the fact that the defendant...

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