Opinion
Decided February 3, 1998
Appeal from the Supreme Court, New York County (Nicholas Figueroa, J.).
As the People concede, the officer did not have reasonable suspicion to detain defendant pending an identification by the eyewitness. Defendant's clothing was sharply at variance from the description of the suspect, and there was insufficient spatial or temporal proximity between the detention and the crime as well as a lack of suspicious circumstances (see, People v. Brown, 215 A.D.2d 333, lv withdrawn 86 N.Y.2d 791). Defendant is therefore entitled to suppression of the showup identification and a remand for an independent source hearing as well as a new trial (People v. Burts, 78 N.Y.2d 20).
Concur — Milonas, J. P., Rubin, Tom and Mazzarelli, JJ.