PEOPLE v. BROWN

5845/10, 9584

115 A.D.3d 38 (2014)

978 N.Y.S.2d 206

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM BROWN, Appellant.

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

Decided January 16, 2014.


Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York City (Bruce D. Austern of counsel), for appellant.

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

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


OPINION OF THE COURT

MANZANET-DANIELS, J.

Police officers observed defendant and his companion, Patrick Thomas (see People v Thomas, ___ AD3d ___, 2014 NY Slip Op 00291 [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.1<...

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