Legal Opinion
People v. Spivey
New York Court of Appeals
Decided March 29, 1979PublishedCited by 12 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order appealed from should be reversed, and the matter remitted to the Appellate Division for a review of the facts.
On the record before us, we are unable to conclude that the challenged police conduct was unreasonable. Having just received a police radio call informing them that an armed robbery had been, committed (see People v Havelka, 45 NY2d 636, 640-641), the officers were justified in stopping defendant, who met the description of the robber and was walking on a deserted street in the vicinity of the crime (see People v Green, 35 NY2d 193, 196).…
2Cases cited4 opinions
- People v. HavelkaNew York Court of Appeals · 1978
- People v. GreenNew York Court of Appeals · 1974
- People v. McLaurinNew York Court of Appeals · 1978
- People v. KinlockNew York Court of Appeals · 1977
3Cited by12 opinions
- People v. HadleyAppellate Division of the Supreme Court of the State of New York · 1979
- People v. JoynerAppellate Division of the Supreme Court of the State of New York · 1985
- People v. PaganAppellate Division of the Supreme Court of the State of New York · 1991
- People v. UlmerAppellate Division of the Supreme Court of the State of New York · 1987
- People v. AlfordAppellate Division of the Supreme Court of the State of New York · 1989
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