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PEOPLE v. BROWN

Appellate Division of the Supreme Court of New York, First Department.
Oct 13, 1998

The hearing court properly denied defendant's motion to suppress. Defendant was lawfully stopped and detained by the police based on his resemblance, along with his two companions, to the sufficiently detailed joint description of the perpetrators of a robbery as described by the victim, and his close proximity to the crime scene within 10 to 20 minutes after the crime occurred ( see, People v. Morales, 246 A.D.2d 396, lv denied 91 N.Y.2d 943). The complainant's subsequent identification of defendant provided the police with probable cause to arrest and frisk him.

Concur — Lerner, P. J., Sullivan, Mazzarelli, Andrias and Saxe, JJ.