PEOPLE v. FERGUSON


5 A.D.3d 250 (2004)

773 N.Y.S.2d 292

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TIMOTHY FERGUSON, Appellant.

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

March 18, 2004.


The court properly denied defendant's suppression motion. The police had, at the very least, reasonable suspicion to detain defendant for a confirmatory identification by an undercover officer, since defendant fit the description of a person who had sold drugs to the undercover officer moments before and was discovered in the very spot described by that officer. The description, which featured a particular article of clothing, was sufficiently specific, given the close spatial...

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