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PEOPLE v. THORNE

Ind. No. 3353/14, Appeal No. 15335, Case No. 2017-1546.

207 A.D.3d 73 (2022)

169 N.Y.S.3d 63

2022 NY Slip Op 03696

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FLOYD THORNE, Appellant.

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

Decided June 7, 2022.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York City ( Ronald Zapata , of counsel), for appellant.

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

MAZZARELLI and MENDEZ, JJ., concur with MANZANET-DANIELS, J.P.; FRIEDMAN, J., dissents in a separate opinion.

OPINION OF THE COURT

The arresting officers lacked the requisite reasonable suspicion when they conducted a level three stop of defendant, whose description matched that of a robbery suspect only in that he was a black male in the vicinity. We accordingly reverse and dismiss the indictment.

Defendant pleaded...

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