PEOPLE v. BRNJA


50 N.Y.2d 366 (1980)

The People of the State of New York, Respondent, v. Isa Brnja, Appellant.

Court of Appeals of the State of New York.

Decided June 3, 1980.


Attorney(s) appearing for the Case

Richard G. Fontana for appellant.

Carl A. Vergari, District Attorney (Gerald D. Reilly, Carl J. Rubino, Jr., and Anthony J. Servino of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.


MEYER, J.

Defendant urges, and the dissenting Judges at the Appellate Division agreed, that his arrest was without probable cause and that, though the police had a reasonable basis upon which to make inquiry, they exceeded constitutional bounds in transporting him from the scene of the inquiry to the scene of the robbery, where he was identified by the victim of the robbery. He contends that identification testimony...

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