PEOPLE v. CLINKSCALES

102283.

83 A.D.3d 1109 (2011)

919 N.Y.S.2d 533

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL CLINKSCALES, Appellant.

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

Decided April 7, 2011.


McCARTHY, J.

When police officers responded to a dispatch call for a burglary in progress by two black males at a specific address, they encountered defendant and codefendant Qoya Jones—both of whom are black males—on the porch at that address. Both were wearing hooded sweatshirts on a day when the temperature was approximately 80 degrees. The officers asked if the men lived there, and each responded that he did not. The officers then attempted to pat...

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