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People v. Brown, 36

The Appellate Division determined that Supreme Court should have suppressed the show-up identification of defendant Brown and the show-up identification of and property seized from defendant Thomas because the police lacked reasonable suspicion to stop and detain them, and accordingly, the court reversed the judgment of conviction and sentence in each case, granted defendants' motions to suppress, and remanded for a new trial preceded by an independent source hearing. The appeals should be dismissed, where: 1) whether the circumstances of a particular case rise to the level of reasonable suspicion presents a mixed question of law and fact; and 2) the Appellate Division's reversals were thus not "on the law alone or upon the law and such facts which, but for the determination of law, would not have led to reversal," as per CPL 450.90(2)(a).

Appellate Information

  • Decided 03/26/2015
  • Published 03/26/2015

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Court

  • Court of Appeals of New York

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