People v. Martin

I agree that defendant’s waiver of his right to appeal was invalid for the reasons stated by the majority, but I would have granted the suppression motion because I do not believe the seizure that occurred was supported by either a reasonable suspicion of criminality, or probable cause for an arrest.

The facts, viewed in the light most favorable to the prosecution, are that two plainclothes officers in an unmarked car were driving northbound along 7th Avenue at about 8:50 p.m. in September 2009 when they saw two men walking side by side on 7th Avenue near the corner of 144th Street. The…