People v. Gray
| Decision Date | 19 October 2016 |
| Citation | 143 A.D.3d 909,2016 N.Y. Slip Op. 06839,39 N.Y.S.3d 239 |
| Parties | The PEOPLE, etc., respondent, v. Daniel GRAY, also known as Daniel Boland, appellant. |
| Court | New York Supreme Court — Appellate Division |
143 A.D.3d 909
39 N.Y.S.3d 239
2016 N.Y. Slip Op. 06839
The PEOPLE, etc., respondent,
v.
Daniel GRAY, also known as Daniel Boland, appellant.
Supreme Court, Appellate Division, Second Department, New York.
Oct. 19, 2016.
Lynn W.L. Fahey, New York, NY (Erica Horwitz of counsel), for appellant, and appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, Nicoletta J. Caferri, Nancy Fitzpatrick Talcott, and Joseph N. Ferdenzi of counsel), for respondent.
MARK C. DILLON, J.P., SHERI S. ROMAN, SYLVIA O. HINDS–RADIX, and COLLEEN D. DUFFY, JJ.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Holder, J.), rendered June 13, 2011, convicting him of assault in the first degree (two counts), robbery in the first degree, attempted robbery in the first degree, criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, criminal possession of stolen property in the fifth degree, and menacing in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (O'Dwyer, J.H.O), of that branch of the defendant's omnibus motion which was to suppress physical evidence.
ORDERED that the judgment is reversed, on the law, and a new trial is ordered.
The defendant was detained by the police when he was found, injured and hiding, in a backyard next to a barbershop shortly after a robbery in the barbershop in which the victim and the robber were both shot in the leg. Contrary to the defendant's contention in his pro se supplemental brief, the Supreme Court properly determined that the police had reasonable suspicion to stop and detain him based upon the close proximity of the defendant to the site of the crime, and the short passage of time between the commission
of the crime...
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