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People v. Youmans

Appellate Division of the Supreme Court of New York, First Department
Jun 20, 1996
228 A.D.2d 345 (N.Y. App. Div. 1996)

Opinion

June 20, 1996

Appeal from the Supreme Court, New York County, Edward McLaughlin, J., Emily Goodman, J.


Defendant's suppression motion was properly denied. The officers' observation of a man pursuing defendant and two other men provided reasonable suspicion for the initial stop and detention ( see, People v. Arthur, 209 A.D.2d 175, lv denied 84 N.Y.2d 1028, 1029, comparing People v. Liner, 133 A.D.2d 555, appeal dismissed 70 N.Y.2d 945, and People v. Polanco, 174 A.D.2d 468, lv denied 78 N.Y.2d 972). Thereafter, defendant's struggling with the officers justified their use of handcuffs, and the non-English speaking victim's gestures provided probable cause to arrest ( supra; see, People v. DeJesus, 169 A.D.2d 521, 522, lv denied 77 N.Y.2d 994). We have considered defendant's remaining arguments and find them to be without merit.

Concur — Ellerin, J.P., Rubin, Kupferman, Williams and Mazzarelli, JJ.


Summaries of

People v. Youmans

Appellate Division of the Supreme Court of New York, First Department
Jun 20, 1996
228 A.D.2d 345 (N.Y. App. Div. 1996)
Case details for

People v. Youmans

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH YOUMANS…

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

Date published: Jun 20, 1996

Citations

228 A.D.2d 345 (N.Y. App. Div. 1996)
644 N.Y.S.2d 506

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