People v. Freeman

Judgment unanimously reversed on the law, defendant’s motion for suppression granted and new trial granted. Memorandum: Even were we to assume that the initial stop and frisk of defendant was supported by reasonable suspicion, the subsequent actions of the officer rendered an otherwise valid stop invalid (see, People v Hicks, 68 NY2d 234, 238). In Hicks, the Court of Appeals concluded that if the conduct of the police during a stop and frisk reaches a sufficiently high level of intrusion, it would be deemed a de facto arrest. The standard for determining whether a de facto arrest has taken…