(Download) "People v. Ross" by Appellate Division, Fourth Department, New York Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: People v. Ross
- Author : Appellate Division, Fourth Department, New York Supreme Court
- Release Date : January 10, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Judgment unanimously reversed on the law, motion to suppress granted and indictment dismissed. Memorandum: County Court erred in denying defendants motion to suppress tangible evidence seized by police during a street encounter. The events leading to the seizure began with a 911 report from an identified citizen of a suspected drug transaction at the corner of Kondolf and Whitney Streets in the City of Rochester. In that report, the suspected drug dealer was described as a black male in his twenties, wearing black pants, a black windbreaker with a hood and a white t-shirt, and having a shaved head. Two officers responded to the report within minutes and observed a group of men standing at the corner. They did not approach defendant initially and observed that he was wearing blue jeans, a beige sweater and a black army fatigue jacket without a hood. In addition, defendant was riding a bicycle and his head was not shaved. The police continued to circle the block looking for someone who didmatch the description. When they failed to locate a person matching the description, the officers turned their suspicion toward defendant, the only black male they observed in the vicinity. When the police stopped their vehicle and approached him, defendant dropped his bicycle and ran. The police pursued defendant. During the chase, defendant dropped his jacket, which contained a gun and marihuana.