People v. Holland

Tom, J.P., and Moskowitz, J., dissent

in a memorandum by Tom, J.P., as follows: While under the circumstances of this case the police had an objective credible reason to approach defendant to request information, the officers’ subsequent detention of defendant exceeded the scope of the permissible inquiry and violated his Fourth Amendment right to be free from undue interference with his liberty. Defendant’s minimal use of force in the attempt to get away from the officers was a direct consequence of his unlawful detention and does not attenuate the illegally initiated police intrusion upon…