People v. Hammonds

Appellate Division of the Supreme Court of New York

People v. Hammonds

215 A.D.2d 166, 626 N.Y.S.2d 155, 1995 N.Y. App. Div. LEXIS 4932

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 9, 1995

StatusPublished

Cited by5 cases

This text of 215 A.D.2d 166 (People v. Hammonds) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Hammonds, 215 A.D.2d 166, 626 N.Y.S.2d 155, 1995 N.Y. App. Div. LEXIS 4932 (N.Y. Ct. App. 1995).

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Opinion

Judgment, Supreme Court, New York County (Joan Sudolnik, J.), rendered July 23, 1992, convicting defendant, after a jury trial, of robbery in the third degree, and sentencing him, as a second felony offender, to a term of 2Vi to 5 years, unanimously affirmed.

The police had reasonable suspicion to believe that defendant had committed a crime when they saw him running down the street being chased by several people yelling "stop him” (People v Arthur, 209 AD2d 175). Appropriate force was used at first to halt defendant’s flight and then to restrain him as he began to flail his arms (see, supra; cf., People v Acevedo, 179 AD2d 465, 465-466, Iv denied 79 NY2d 996). No arrest nor search was made until the complainant caught up to the officers and identified defendant as the person who had just robbed him. Concur—Murphy, P. J., Ellerin, Rubin, Tom and Mazzarelli, JJ.

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Judgment, Supreme Court, New York County (Joan Sudolnik, J.), rendered July 23, 1992, convicting defendant, after a jury trial, of robbery in the third degree, and sentencing him, as a second felony offender, to a term of 2Vi to 5 years, unanimously affirmed.

The police had reasonable suspicion to believe that defendant had committed a crime when they saw him running down the street being chased by several people yelling "stop him” (People v Arthur, 209 AD2d 175). Appropriate force was used at first to halt defendant’s flight and then to restrain him as he began to flail his arms (see, supra; cf., People v Acevedo, 179 AD2d 465, 465-466, Iv denied 79 NY2d 996). No arrest nor search was made until the complainant caught up to the officers and identified defendant as the person who had just robbed him. Concur—Murphy, P. J., Ellerin, Rubin, Tom and Mazzarelli, JJ.

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Bluebook (online)

215 A.D.2d 166, 626 N.Y.S.2d 155, 1995 N.Y. App. Div. LEXIS 4932, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hammonds-nyappdiv-1995.

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