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PEOPLE v. THOMAS

5845/10, 10828

115 A.D.3d 69 (2014)

979 N.Y.S.2d 34

2014 NY Slip Op 291

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PATRICK THOMAS, Appellant.

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

Decided January 16, 2014.

Attorney(s) appearing for the Case

The Legal Aid Society, New York City ( Steven Banks of counsel), and Primmer Piper Eggleston & Cramer, Manchester, N.H. ( Matthew J. Delude , of the bar of the State of Connecticut, admitted pro hac vice, of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Yuval Simchi-Levi and David M. Cohn of counsel), for respondent.

GONZALEZ, P.J., and GISCHE, J., concur with MANZANET-DANIELS, J.; TOM and SAXE, JJ., dissent in an opinion by SAXE, J.

OPINION OF THE COURT

MANZANET-DANIELS, J.

Police officers observed defendant and his companion, William Brown (see People v Brown, 115 A.D.3d 38 [2014] [decided herewith]), running across Broadway, in the Times Square area, at approximately 4:40 a.m., "looking over their shoulder[s]." No crime had been reported, the officers did not see anyone chasing the two men, and no apparent contraband was visible.

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