AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)

THE PEOPLE, ETC., respondent, v. ANTONIO MOORE, appellant.

DECISION ORDER

ORDERED that the judgment and amended judgment are affirmed.

We agree with the hearing court's determination that the actions of the police officers in apprehending the defendant were reasonable under the circumstances. The defendant, who matched the general description of a suspect in an attempted robbery with a weapon, which had occurred within an hour earlier, was seen alone only a few blocks away from the crime scene. Once the defendant fled upon the approach of the officers, the officers had reasonable suspicion to pursue him (see People v. Largo, 282 A.D.2d 548) . The momentary use of handcuffs to detain the defendant pending a showup identification by the complainant, fell short of the level of intrusion that constitutes an arrest (see People v. Allen, 73 N.Y.2d 378; People v. Carney, 212 A.D.2d 721). Finally, the hearing court properly concluded that probable cause to arrest the defendant arose once the complainant identified him (see People v. Johnson, 66 N.Y.2d 398; People v. Evans, 237 A.D.2d 458).

FEUERSTEIN, J.P., O'BRIEN, TOWNES and COZIER, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. MOORE
(Jul 1, 2002)