PEOPLE v. PEREZ

8686, 2533/15.

170 A.D.3d 495 (2019)

96 N.Y.S.3d 59

2019 NY Slip Op 01822

The People of the State of New York, Respondent, v. Jesus Perez, Appellant.

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

Decided March 14, 2019.


The hearing court expressly determined that the police detention of defendant was supported by reasonable suspicion, but that probable cause did not exist until the undercover officer who allegedly bought drugs from defendant made an identification. Because the record provides no reason for the officers to have concluded that defendant, a suspect in a street drug sale, was armed or dangerous, or likely to resist arrest or flee, handcuffing him was inconsistent with an investigatory...

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