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People v. Samuel

Appellate Division of the Supreme Court of New York, First Department
Feb 10, 1998
247 A.D.2d 244 (N.Y. App. Div. 1998)

Opinion

Decided February 10, 1998

Appeal from the Supreme Court, New York County (James Yates, J.).


Defendant's suppression motion was properly denied. The description of the perpetrator as a black male, wearing a grey jacket, red shirt, and red sneakers, was sufficiently specific and detailed to provide the detaining officer with reasonable suspicion to justify the investigative detention of defendant, who was located soon after the crime and was the only person present in the area fitting the description of the perpetrator (see, People v. Acevedo, 181 A.D.2d 596, lv denied 79 N.Y.2d 1045). In making its factual determinations, the court appropriately relied on the sending officer's recollection of the description, since that officer's recollection was more detailed than that of the receiving officer.

Concur — Sullivan, J. P., Milonas, Mazzarelli and Andrias, JJ.


Summaries of

People v. Samuel

Appellate Division of the Supreme Court of New York, First Department
Feb 10, 1998
247 A.D.2d 244 (N.Y. App. Div. 1998)
Case details for

People v. Samuel

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHAWN SAMUEL, Appellant

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

Date published: Feb 10, 1998

Citations

247 A.D.2d 244 (N.Y. App. Div. 1998)
668 N.Y.S.2d 602

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