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PEOPLE v. HILL

No. 27.

33 N.Y.3d 990 (2019)

125 N.E.3d 803

102 N.Y.S.3d 138

2019 NY Slip Op 03405

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NICHOLAS HILL, Appellant.

Court of Appeals of New York.

Decided May 2, 2019.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York City ( Susan Epstein and Justine M. Luongo of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( John T. Hughes and Alice Wiseman of counsel), for respondent.

The Bronx Defenders, Bronx ( Shakeer Rahman , Jenn Rolnick Borchetta and Johanna B. Steinberg of counsel), The Center for Constitutional Rights, New York City ( Darius Charney and Britney Wilson of counsel), NAACP Legal Defense and Educational Fund, Inc., New York City ( Sherrilyn A. Ifill , Samuel Spital and Jin Hee Lee of counsel), and New York Civil Liberties Union, New York City ( Mariana Kovel and Jordan Wells of counsel), for The Bronx Defenders and others, amici curiae.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, the motion to suppress granted and the indictment dismissed.

Defendant Nicholas Hill was approached by New York Police Department officers after they observed him exiting and reentering a building in a New York City Housing Authority development several times. Upon the officers' request, defendant explained that he was visiting a friend who lived in the building...

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