PEOPLE v. STANLEY

5430, 4421/07.

85 A.D.3d 638 (2011)

925 N.Y.S.2d 507

2011 NY Slip Op 5429

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH STANLEY, Appellant.

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

Decided June 23, 2011.


The hearing court properly denied defendant's motion to suppress identification testimony. The lineup identification was not the fruit of an unlawful arrest. The hearing evidence establishes that the police had a reasonable suspicion of criminality. This justified their pursuit of defendant and his companions. It appeared that a codefendant discarded a pistol during the pursuit. When police officers recovered the pistol immediately after defendant was detained, the police...

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