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People v. Vasquez

Police Lacked Reasonable Suspicion to Justify Seizure Warranting Suppression of Statements

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DECISION AND ORDER

*1  A Dunaway/Huntley hearing was held in this matter on February 5, 2018, where defendant is charged with one count of Driving While Intoxicated, a violation of Vehicle and Traffic Law §1192.3; one count of Obstructing Governmental Administration in the Second Degree, in violation of Penal Law §195.05; and one count of Resisting Arrest, a violation of Penal Law §205.30. After receiving testimony the Court finds as follows:Findings of Fact:At the hearing, P.O. Green of the Westchester County Police Department testified that on April 7, 2017 at approximately 7:00 a.m., while on duty he was dispatched to the Hutchinson River Parkway southbound lane, near the Lincoln Avenue exit on a report of a female being assaulted by a male. Officer Green stated that upon approaching the subject location he saw the defendant herein walking northbound in the southbound lane of the Hutchinson River Parkway, at which point he exited his vehicle and saw bloodstains on the defendant’s clothing. Officer Green stated that he tried talking to the defendant who he believed at the time may have been the victim of the assault that he was called to investigate. He found the defendant uncooperative and

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