New York Court of Appeals

The People of the State of New York, Respondent v. Calvin Moore, Appellant

February 21, 20066 N.Y.3d 496

Summary

The Court held that the police's gunpoint stop of the defendant was an unlawful seizure because an anonymous tip alone does not furnish reasonable suspicion, and the defendant's later movement does not cure the defect; therefore the handgun was suppressed and the indictment dismissed. Justice R.S. Smith dissented, arguing that the combination of the tip and the defendant's avoidance should create reasonable suspicion and that the Appellate Division should be affirmed.