People v. Jennings

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and the indictment dismissed. The issue presented in this case is whether the activities of the defendant, as observed by the police, justified the blocking of defendant’s vehicle so as to prevent its forward movement.

While on routine patrol in an unmarked car two police officers, serving as members of the Nassau County Police Department crime prevention unit, parked their vehicle in the Lake Success Shopping Center. During the period of observation they noticed codefendant Milton walking back and forth in…