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People v. Silvestry

Appellate Division of the Supreme Court of New York, Second Department
Apr 15, 2008
50 A.D.3d 931 (N.Y. App. Div. 2008)

Opinion

No. 2007-05202.

April 15, 2008.

Appeal by the People from an order of the Supreme Court, Queens County (Aloise, J.), dated April 18, 2007, which, after a hearing, granted that branch of the defendant's omnibus motion which was to suppress physical evidence.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Edward D. Saslaw of counsel), for appellant.

Sally Butler, Bayside, N.Y., for respondent.

Before: Lifson, J.P., Florio, Angiolillo and Chambers, JJ.


Ordered that the order is affirmed.

Contrary to the People's contention, the police officer did not have reasonable suspicion to believe that the defendant had committed or was about to commit a crime to justify a stop and frisk the defendant ( see People v Martinez, 80 NY2d 444, 447; People v Be hour, 40 NY2d 210, 223; People v Stevenson, 7 AD3d 820; cf. People v Alston, 23 AD3d 487, 488). Accordingly, the Supreme Court properly granted that branch of the defendant's omnibus motion which was to suppress physical evidence.


Summaries of

People v. Silvestry

Appellate Division of the Supreme Court of New York, Second Department
Apr 15, 2008
50 A.D.3d 931 (N.Y. App. Div. 2008)
Case details for

People v. Silvestry

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ELVIS SILVESTRY…

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

Date published: Apr 15, 2008

Citations

50 A.D.3d 931 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 3488
854 N.Y.S.2d 671

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