People v. Morrissey

Appellate Division of the Supreme Court of New York

People v. Morrissey

148 A.D.2d 755, 540 N.Y.S.2d 210, 1989 N.Y. App. Div. LEXIS 4241

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

DecidedMarch 27, 1989

StatusPublished

This text of 148 A.D.2d 755 (People v. Morrissey) 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. Morrissey, 148 A.D.2d 755, 540 N.Y.S.2d 210, 1989 N.Y. App. Div. LEXIS 4241 (N.Y. Ct. App. 1989).

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Opinion

Appeal by the People from an order of the Supreme Court, Queens County (O’Dwyer, J.), dated June 5, 1987, which, after a hearing, granted that branch of the defendant’s omnibus motion which was to suppress physical evidence.

Ordered that the order is affirmed.

The People failed to establish that the pursuit and detention of the defendant by the police was justified by a reasonable suspicion that the defendant had committed, or was about to commit, a crime (cf., People v Leung, 68 NY2d 734; People v Greaves, 123 AD2d 445, lv denied 69 NY2d 712). Consequently, the hearing court did not err in granting that branch of the defendant’s omnibus motion which was to suppress evidence recovered when she was seized by the police. Lawrence, J. P., Rubin, Eiber and Balletta, JJ., concur.

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Appeal by the People from an order of the Supreme Court, Queens County (O’Dwyer, J.), dated June 5, 1987, which, after a hearing, granted that branch of the defendant’s omnibus motion which was to suppress physical evidence.

Ordered that the order is affirmed.

The People failed to establish that the pursuit and detention of the defendant by the police was justified by a reasonable suspicion that the defendant had committed, or was about to commit, a crime (cf., People v Leung, 68 NY2d 734; People v Greaves, 123 AD2d 445, lv denied 69 NY2d 712). Consequently, the hearing court did not err in granting that branch of the defendant’s omnibus motion which was to suppress evidence recovered when she was seized by the police. Lawrence, J. P., Rubin, Eiber and Balletta, JJ., concur.

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Bluebook (online)

148 A.D.2d 755, 540 N.Y.S.2d 210, 1989 N.Y. App. Div. LEXIS 4241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-morrissey-nyappdiv-1989.

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