People v. Ryan

OPINION OF THE COURT

Cipabick, J.

The question presented by this appeal is whether the investigatory detention that occurred here exceeded the scope of that permitted under People v Hicks (68 NY2d 234 [1986]). We conclude that it did.

Acting upon descriptions provided by the victim of an early morning carjacking and another person, who was at the scene shortly before the crime occurred, as well as many prior encounters with defendant, a police officer approached defendant and asked him to have a seat in a marked police car. At the time of this request, five hours had elapsed since the…