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People v. Grey

Appellate Division of the Supreme Court of New York, Second Department
Nov 30, 1987
134 A.D.2d 613 (N.Y. App. Div. 1987)

Opinion

November 30, 1987

Appeal from the Supreme Court, Kings County (Lagana, J.).


Ordered that the judgment is affirmed.

The defendant's behavior and his close proximity to the crime scene only minutes after the crime occurred provided a sufficient basis for the police to stop and question him. In light of the reported shooting, it was reasonable for the police to suspect the defendant had a gun and they were, therefore, justified in frisking him (see, Terry v. Ohio, 392 U.S. 1; People v. DeBour, 40 N.Y.2d 210). Furthermore, the defendant's subsequent detention and transportation to the crime scene were within the bounds of a lawful investigatory stop. The defendant was not handcuffed, there was no show of force, he was not taken to a police station, the distance traveled was a mere three blocks and took approximately one minute, he was informed that the reason he was being detained and transported was because the sergeant had to report to the scene immediately, and the defendant was not questioned after the initial inquiry (see, People v. Hicks, 68 N.Y.2d 234). Moreover, speedy, on-the-scene identifications, as here, are productive of the most reliable identifications and, thus, are of value to both the police and the defendant (see, People v. Love, 57 N.Y.2d 1023; People v. Veal, 106 A.D.2d 418).

We have examined defendant's remaining contentions and find them to be either unpreserved for appellate review or without merit. Bracken, J.P., Brown, Weinstein and Spatt, JJ., concur.


Summaries of

People v. Grey

Appellate Division of the Supreme Court of New York, Second Department
Nov 30, 1987
134 A.D.2d 613 (N.Y. App. Div. 1987)
Case details for

People v. Grey

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RENALDO GREY, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 30, 1987

Citations

134 A.D.2d 613 (N.Y. App. Div. 1987)

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