AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
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
Attorney(S)
Judges

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT v. TONY MARCUS, DEFENDANT-APPELLANT.

Defendant's motion to suppress identification testimony was properly denied. Defendant's detention for the purpose of conducting a showup was based upon reasonable suspicion, which flowed from the totality of the information available to the arresting officer (see, People v. Hicks, 68 N.Y.2d 234). The record supports each of the hearing court's findings, including its finding that, at the approach of the police, defendant engaged in conduct that was suspicious because of its distinction from the conduct of the other persons on the street; defendant initially attracted police attention by his very efforts to avoid attracting such attention.

The verdict was not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490). Issues of credibility and identification were properly presented to the jury and there is no reason to disturb its determinations.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

Use AI to get other relevant cases.

Comments

PEOPLE v. MARCUS
(Apr 24, 2001)