Summary
In People v. Reid (173 A.D.2d 870, lv denied 78 N.Y.2d 972), the Second Department unanimously affirmed the denial of suppression in a case where police officers on patrol seeking a known individual who had been involved in a shooting approached the defendant because "'he look[ed] like the guy'".
Summary of this case from People v. MaderaOpinion
May 31, 1991
Appeal from the Supreme Court, Kings County (Fertig, J.).
Ordered that the judgment is affirmed.
On October 19, 1988, at approximately 12:25 A.M., two police officers were on patrol seeking a known individual who had recently been involved in a shooting. They saw the defendant walking down the street and, as "he look[ed] like the guy" who had done the shooting, they asked him to approach the police car. The defendant inquired as to what the officers wanted and then raced away. As he ran, the defendant's hand was in his waistband and he threw a gun into a vacant lot.
The stop of the defendant was proper as it was supported by an "articulable reason", the defendant's strong resemblance to the known shooter they were seeking (People v Leung, 68 N.Y.2d 734; People v De Bour, 40 N.Y.2d 210; People v Frank, 161 A.D.2d 794; People v Kosciusko, 149 A.D.2d 620; People v Mandley, 134 A.D.2d 622; People v Alston, 128 A.D.2d 791). Mangano, P.J., Brown, Sullivan, Harwood and Miller, JJ., concur.