PEOPLE v. ROSA

1377.

67 A.D.3d 440 (2009)

889 N.Y.S.2d 140

2009 NY Slip Op 07955

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE ROSA, Appellant.

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

Decided November 5, 2009.


The court properly denied defendant's suppression motion. An officer heard shots, and, in very close temporal and spatial proximity to the gunfire, saw several people pointing at defendant, who walked quickly away, frequently looking back over his shoulder. The officer also saw a man lying on the ground with other people gathering around him. These circumstances clearly provided, at least, reasonable suspicion justifying a forcible detention. Under circumstances such as these...

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