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People v. Braxton

Appellate Division of the Supreme Court of New York, First Department
May 26, 1998
250 A.D.2d 533 (N.Y. App. Div. 1998)

Opinion

May 26, 1998

Appeal from the Supreme Court, New York County (Herbert Altman, J., at suppression hearing; Charles Tejada, J., at jury trial and sentencing).


Defendants suppression motion was properly denied. The motion court properly concluded that the officers had reason"able suspicion to detain defendant for a showup identification, since defendant matched the sex, race and height contained in a radioed description of a robbery suspect, and was wearing a very distinctive jacket that matched the one mentioned in the radio broadcast ( People v. Carr, 220 A.D.2d 317, lv denied 87 N.Y.2d 971). The distance between the crime scene and defendants detention did not negate reasonable suspicion, since the perpetrator easily could have traveled that distance within minutes by automobile and defendant was in fact leaving a livery cab when he was detained by the officers.

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


Summaries of

People v. Braxton

Appellate Division of the Supreme Court of New York, First Department
May 26, 1998
250 A.D.2d 533 (N.Y. App. Div. 1998)
Case details for

People v. Braxton

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MAURICE BRAXTON…

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

Date published: May 26, 1998

Citations

250 A.D.2d 533 (N.Y. App. Div. 1998)
671 N.Y.S.2d 979

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