Legal Opinion · Concurrence

Matter of Ya-Sin S.

Appellate Division of the Supreme Court of the State of New York

Decided November 12, 2014No. 2013-08486Published

1Concurrence

Barros, J.,

concurs in part and dissents in part, and votes to dismiss the appeal from the order of fact-finding, grant that branch of the appellant’s motion which was to suppress physical evidence, reverse the order of disposition, on the law and the facts, and vacate the order of fact-finding, with the following memorandum: Because the police officers did not have reasonable suspicion that the appellant had or was engaged in criminal activity before they pursued the appellant, the Family Court should have granted that branch of the appellant’s motion which was to suppress the gun that the…

2Cases cited14 opinions

  1. People v. MartinezNew York Court of Appeals · 1992
  2. People v. HolmesNew York Court of Appeals · 1993
  3. People v. SierraNew York Court of Appeals · 1994
  4. People v. MayNew York Court of Appeals · 1992
  5. People v. PinesNew York Court of Appeals · 2002

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