In re Denny E.

113 A.D.3d 401 Court First Department, Decision date 2014-01-07 English

Contents

Majority

p. 401

First Department,

January, 2014

(January 7, 2014)

In the Matter of Denny E., a Person Alleged to be a Juvenile Delinquent, Appellant.

[977 NYS2d 637]

Defendant’s motion papers were sufficient to raise a question of fact as to whether his identification was the product of an unlawful seizure (Dunaway v New York, 442 US 200 [1979]). Concur — Gonzalez, P.J., Tom, Saxe, Manzanet-Daniels and Gische, JJ.

Cases cited

Dunaway v. New York 442 US 200 SCOTUS 1979-06-05 p. 401